MAHENDER NATH Vs. SATENDER NATH AND OTHERS

JUDGEMENT

(1.) This revision petition is against the impugned order (Annexure P-1) dated 30.7.2007 passed by Additional Civil Judge (Sr. Division), Bhiwani while disposing of two applications moved by Mahender Nath (petitioner) and Satender Nath (respondent No.1) in which they had prayed for their impleadment as Legal Representatives of Onkar Nath (deceased - decree-holder). In the application filed by the Mahender Nath (petitioner), he claimed that he and Satender Nath (respondent No.1) are the sons of Onkar Nath (deceased), therefore, they both may be impleaded as his Legal Representatives. Whereas, in the application filed by CR No.5450 of 2007 Satender Nath (respondent No.1), he claimed himself to be the only son of Onkar Nath (deceased), who had executed a registered Will dated 30.5.2005 in his favour, therefore, he alone is entitled to be impleaded as Legal Representative of the deceased-Onkar Nath.

(2.) It is significant to mention that both the applications have been filed during the execution of a decree in which respondent No.2 (Joginder Nath) has submitted that before delivery of possession by way of warrant of possession, the instant applications be decided as to who is the Legal Representative of the deceased - Onkar Nath?

(3.) Briefly stated, Onkar Nath (deceased) filed a suit for partition against his two brothers, namely, Joginder Nath (respondent No.2), Govind Nath (respondent No.3) and sister Savitri Devi. The suit was referred, with mutual consent of all the parties, to a referee, who gave his award dated 18.12.1992, which was made rule of the Court by Sub Judge First Class, Bhiwani vide decree dated 23.12.1992. Decree Holder Onkar Nath (deceased) filed an execution application of the decree dated 23.12.1992 but during its pendency, he died on 25.12.2006. In this execution application, two applications have been filed, one by Mahender Nath (petitioner), which is attached as Annexure P-4 and another by Satender Nath (respondent No.1), which is attached as Annexure P-5.