STATE OF HP AND ORS v. GOVIND RAM DECEASED THOROUGH HIS LRS TARA DUTT AND OTHERS
CMP/3045/2026 · 2026-04-01
Sushil Kukreja
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1443 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1443 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
State of HP & ors. Vs. Govind Ram (deceased) through LRs CMPs No.3045 & 6004 of 2026 in RFA No.79 of 2020 01.04.2026 Present: Ms. Archana Negi, Deputy Advocate General, for the non-applicants/ appellants. Mr. Ranvbir Chauhan, Advocate, for the applicants/respondents. CMP No.6004 of 2026 The instant application under Order 32, Rule 12, CPC has been filed by applicant/respondent No.1(e)(c)-Saksham Sharma, for discharging his natural guardian/mother Geeta Devi, i.e. respondent No.1(e)(a), as he 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/respondent No.1(e)(c) as well as taking into consideration the fact that he has now attained the age of majority, as is evident from the copy of his Matriculation certificate, annexed with the application as Annexure-A, the same is allowed and his natural guardian/mother Geeta Devi, i.e. respondent No.1(e)(a), is ordered to be discharged from his guardianship and the applicant/respondent No.1(e)(c) is permitted to pursue the case in his own capacity. 3. The application stands disposed of. CMP No. 3045 of 2026
4. The present application under Section 151 of CPC has been filed by applicant/respondent No.1(e)(c), namely, Saksham Sharma, for release of the awarded amount of compensation alongwith up-to-date interest, as per his share. The application is duly supported with the affidavit of the applicant. 5. The prayer made in the application is opposed by the learned Deputy Advocate General for the non-applicants /appellants on the ground that in the event of appeal being allowed, it would be difficult for the appellants to recover the amount, so released.. 6. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant/respondent No.1(e)(c), this Court finds it in the interest of justice to release 50% of the amount of compensation, alongwith up-to-date interest in favour of the applicant/respondent No.1(e)(c)- Saksham Sharma, as per his 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 his bank account, details whereof have been given in para-5 of the application. 7.
7. It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, the applicant/respondent No.1(e)(c) will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja )
Judge April 01, 2026 (V.Himalvi)