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High Court of Himachal Pradesh · body

2026 DAILYLAW 12082 (HP)

OIC v. KAMLA

CMP/13314/2026 · 2026-06-18

Sushil Kukreja

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OIC Ltd. Vs. Kamla Devi & ors. CMP No.13316 of 2026 in FAO No.308 of 2012 18.06.2026 Present: Mr. Bhart Bhardwaj, Advocate, vice Dr. Lalit K. Sharma, Advocate, for the non-applicant/ appellant. Mr.Manohar Lal Sharma, Advocate, for applicant/ respondent No.5. CMP No.13316 of 2026 The instant application under Order 32, Rule 12, read with Section 151 of the Code of Civil Procedure (CPC) has been filed on behalf of the applicant/respondent No.5- Manisha, for discharging her natural guardian/mother, i.e. respondent No.3, as she has attained the age of majority. 2. Heard. Having regard to the averments made in the application, which is duly supported with affidavit of the applicant as well as taking into consideration the fact that she has now attained the age of majority, as is evident from the copy of her Certificate of Completion of Elementary Education, annexed with the application as Annexure A-2, the same is allowed and her natural guardian/mother, i.e. respondent No.3, is ordered to be discharged from her guardianship and the applicant/respondent No.5 is permitted to pursue the case in her own capacity. 3. The application stands disposed of. CMP No.13314 of 2026 4. The present application under Section 151 of CPC has been maintained by the applicant/respondent No.5 namely, Manisha, for release of her share in the awarded amount of compensation alongwith up-to-date interest, which is lying deposited in the Registry of this Court. The application is duly supported with the affidavit of applicant/ respondent No.5. As per the applicant, she is in dire need of money to meet out her day-to-day expenses as she has no regular source of income. Therefore, it is prayed that the awarded amount of compensation alongwith up-to-date interest be released in her favour, as per her share. 5. No reply is intended to be filed on behalf of non- applicant/appellant and the learned vice counsel for the non- applicant/appellant has no objection in case the prayer made in the application is allowed, as no appeal has been preferred against the judgment dated 22.08.2014, passed by this Court and the same has attained finality. 6. Heard. Having perused the averments made in the applications, which are duly supported with affidavit of the applicant/respondent No.5, coupled with the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the awarded amount of compensation alongwith up-to-date interest in favour of applicant/respondents No.5, as per her share in the total awarded amount of compensation, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to her bank account, details whereof have been given in para-5 of the application. The application stands disposed of. ( Sushil Kukreja ) Judge June 18, 2026 (V.Himalvi)