The court allowed applications to discharge natural guardians upon the applicants attaining majority, permitting independent prosecution. It also directed the release of the deposited award amount to the applicants as their appeal is final.
Discharge of natural guardianship allowed and release of deposited award amount directed to applicants' bank accounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Managing Director v. Sarita
CMP Nos. 1754 & 1755 of 2023 in FAO No. 186 of 2014
13.3.2023 Present: Ms. Shubh Mahajan, Advocate, for the nonapplicants/appellants.
Mr. Ramesh Kumar, Advocate, for the nonapplicants/respondents No. 2 and 3.
CMP No. 1754 of 2023
By way of instant application filed under Order 32 Rule 12 read with Section 151 CPC, prayer has been made by the applicants/respondent No.2 and 3 i.e. Kumari Kritika @ Kriti and Kumari Himanshu, for discharge of their natural guardian Ms. Sarita as they have attained majority. No reply is intended to be filed by the non-applicants.
Having heard learned counsel for the parties and perused averments contained in the application, which is duly supported by the affidavits as well as documents annexed therewith, this Court finds that interest of the applicants/respondent No.2 and 3 i.e. Kumari Kritika @ Kriti and Kumari Himanshu was earlier being protected by Ms. Sarita. Since the applicants have attained majority, they are entitled to prosecute the case in their independent capacity and as such, prayer made on their behalf of discharge of natural guardian, deserves to be allowed.
Consequently, in view of the above, the application is allowed and applicants/respondent No.2 and 3 i.e. Kumari Kritika @ Kriti and Kumari Himanshu are discharged from the natural guardianship of Ms. Sarita, who are further allowed to
prosecute the case in their own independent capacity. Application stands disposed of.
CMP No. 1755 of 2023
By way of instant application filed under Section 151 CPC, prayer has been made on behalf of the applicants/respondents No. 2 and 3 for release of the award amount lying deposited in the Registry of this court. Learned counsel representing the non-applicants/appellants fairly states that appeal bearing FAO No. 186 of 2014, having been filed by the non-applicants/appellants stands finally decided inter-se parties before the Lokadalat held on 6.12.2014 in this Court. Since no appeal, whatsoever, has been filed against the aforesaid judgment passed by this Court in the superior court of law by either of the parties, same has attained finality.
Consequently, in view of the above, this court sees no impediment in accepting the prayer having been made by the applicants for release of award amount lying deposited in the Registry of this Court and accordingly, the application is allowed and Registry is directed to release the award amount in favour of the applicants, by remitting the same in their saving bank accounts strictly as per their shares, detail whereof is mentioned in para-5 of the application, subject to verification by the Accounts Branch. Application stands disposed of.
March 13, 2023 manjit
(Sandeep Sharma), Judge
2 issues framed by the court
Whether applicants who have attained majority are entitled to discharge of natural guardian to prosecute the case independently.
Whether the finality of the award allows release of deposited award amount to the applicants after no appeal is filed.
2 provisions across 2 enactments
Kritika @ Kriti and Himanshu
Sarita
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
