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High Court of Himachal Pradesh · body

2026 DAILYLAW 3380 (HP)

NEW INDIA ASSURANCE COMPANY v. USHA KANWAR

CMP/7764/2026 · 2026-04-20

Sushil Kukreja

body2026

Judgment text

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NIAC Ltd. Vs. Usha Kanwar & Ors. CMPs No. 7764 & 7765/2026 in FAO (MV) No. 496/2015 20.04.2026 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the non- applicant/appellant. Ms. Aruna Chauhan, Advocate, for applicants/respondents No. 2 & 3. CMP No. 7764/2026 The present application under Order 32, Rule 12, read with Section 151 of the Code of Civil Procedure, has been filed by applicants/respondents No. 2 & 3, for discharging their natural guardian, as they have attained the age of majority. Learned vice counsel for the non- applicant/appellant, under instructions received from the original counsel, submitted that he does not intend to file any reply to the present application and he has no objection in case the same is allowed. Heard. Having regard to the averments made in the application, which is duly supported by the affidavits of both the applicants, coupled with the fact that the applicants have now attained the age of majority, as is evident from copy of Secondary School Examination certificate of applicant No. 2 and birth certificate of applicant No. 3, annexed with the application as ….2... Annexures A-1 & A-2, wherein their date of birth has been mentioned as 01.01.2008 (being twins), the present application is allowed and natural guardianship of applicants/respondents No. 2 & 3, i.e. Ritu Kumari and Guddiya alias Guriya is ordered to be discharged and they are permitted to pursue the case in their own capacity. The application stands disposed of. CMP No. 7765/2026 The present application under Section 151 of CPC has been filed on behalf of applicants/respondents No. 2 & 3, for release of the award amount, alongwith up- to-date interest, lying deposited in the Registry of this Court. The application is duly supported by the affidavits of both the applicants. No reply to the application is intended to be filed and learned vice counsel for the non- applicant/appellant, under instructions received from the original counsel, submitted that he has no objection in case the prayer made in the application is allowed, as the award has attained finality and no appeal has been preferred against the judgment passed by this Court. ….3... It has been mentioned in the application that mother of applicants/respondents No. 2 & 3 has solemnized the marriage with Sh. Om Parkash Thakur, who is younger brother of deceased Rajinder Singh Thakur and now Sh. Om Parkash Thakur is recorded as father of applicants/respondents No. 2 & 3 in all the records. Therefore, having regard to the averments made in the application, which is duly supported by the affidavits of both the applicants, coupled with the fact that the award has attained finality, as till date, no appeal has been preferred against the judgment passed by this Court, the same is allowed and the amount lying deposited in the Registry of this Court, alongwith up-to- date interest, is ordered to be released in favour of applicants/respondents No. 2 & 3, i.e. Ritu Kumari and Guddiya alias Guriya, as per their respective shares, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been given in para-3 of the application. The application stands disposed of. ( Sushil Kukreja ) Judge 20th April, 2026(raman)