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High Court of Himachal Pradesh · body

2026 DAILYLAW 6801 (HP)

NIC v. KIRAN DEVI

CMP/3068/2026 · 2026-03-13

Sushil Kukreja

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIAC Vs. Kiran Devi & ors. CMPs No.3067 & 3068 of 2026 in FAO No.112 of 2011 13.03.2026 Present: Mr. Shekhar Badola, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the non-applicant/appellant. Mr. Vishal Thakur, Advocate, vice Mr. Kul Bhushan Khajuria, Advocate, for the applicants/respondents. CMP No.3067 of 2026 The instant application under Order 32, Rule 12(2) of the Code of Civil Procedure (CPC) has been filed on behalf of the applicant/respondent No.2, for discharging his natural guardian/ mother Kiran Devi, i.e. respondent No.1, 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 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 examination certificate, annexed with the application, the same is allowed and his natural guardian/ mother Kiran Devi, i.e. respondent No.1, is ordered to be discharged from his guardianship and applicant/respondent No.2 is permitted to pursue the case in his own capacity. 3. The application stands disposed of. CMP No.3068 of 2026 4. The instant application under Section 151 of CPC has been filed by the applicant/respondent No.2-Sahil Thakur for release of the awarded amount of compensation, lying deposited in the Registry of this Court. 5. As per the applicant, he is in dire need of money to pursue his higher studies. Therefore, it is prayed that the awarded amount of compensation, along-with up-to-date interest, may be released in his favour as per his share. The application is duly supported with the affidavit of the applicant. 6. No reply is intended to be filed to the application, Learned vice counsel for the non-applicant/appellant, under instructions received from Ms. Kamakshi Tarlokta, Advocate, submitted that he has no objection in case the amount is released in favour of the applicant. 7. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of applicant/ respondent No.2, this Court finds it in the interest of justice to release the awarded amount of compensation alongwith up-to-date interest in favour of the applicant/ respondent No.2- Sahil Thakur, as per his share, after proper verification and identification by remitting the same to his bank account, details whereof have been given in para-5 of the application. The application stands disposed of. ( Sushil Kukreja ) Judge March 13 2026 (V.Himalvi)