Mrs B.Chitra And Another v. Mr N.Sambandam And 4 Others
in C.S.No.716 of 2007 ABDUL QUDDHOSE, J These applications have been filed to declare the second applicant B.Arjun, now known as V.Arjun pursuant to name change effected in Tamil Nadu Government Gazette dated 10.01.2018, as major and to discharge the first applicant viz., Mrs.B.Chitra from guardianship.
2. Earlier, pursuant to a compromise entered into before the Lok Adalat, this Court had passed a compromise decree in terms of the Lok Adalat award. At that point of time, V.Arjun, second applicant, was a minor and he was represented by his mother, the first plaintiff in the suit. Pursuant to the compromise decree, the money is due and payable to V.Arjun, the second applicant, which was kept in fixed deposit. This Court had earlier granted an order permitting the second applicant (V.Arjun) to withdraw the amount lying in his name in the form of fixed deposit once he attains majority. The birth certificate has been enclosed 1/4
along with this application to prove that V.Arjun has now attained majority. He reached the age of 18 on 23.08.2023.
3. The first applicant/first plaintiff is the mother of the second applicant/second plaintiff. She was appointed as guardian by this Court on behalf of the minor son V.Arjun at the time when compromise decree was passed. Since V.Arjun has now become a major and this Court had also permitted him to seek payment out of the fund lying to his account, which is in the form of fixed deposit, this Court is of the considered view that the prayer sought for in these applications has to be allowed as prayed for. There cannot be any objection by any of the parties to the suit as well the applicants as only pursuant to the directions given by this Court earlier, the present applications have been filed.
4. Accordingly, these applications are allowed as prayed for. Mr.V.K.Sathiamurthy, learned counsel, reports no instructions on behalf of the first defendant in the suit as he would submit that the 2/4
entire papers have already been handed over to the first defendant long back. While issuing the order copy to the applicant, Registry is directed to print the name of first defendant and they are directed not to disclose the name of Mr.V.K.Sathiamurthy as counsel for first defendant. 22.11.2024 gm 3/4
ABDUL QUDDHOSE, J gm in C.S.No.716 of 2007 22.11.2024 4/4