OM PARKASH Vs. BUDHO BAI

JUDGEMENT

(1.) THIS revision is directed against the order dated 27.4.2006 passed by Civil Judge (Senior Division), Karnal, dismissing the application of the applicant-petitioner for impleadment as a party respondent to the execution proceedings.

(2.) IT is admitted case of the parties that one Budho Bai instituted a suit for declaration and consequential relief of possession by way of partition against some of the co-sharers. The suit was decreed by the trial Court and a preliminary decree was passed. Subsequently, a final decree has also been passed. It was during the pendency of the execution proceedings that the present petitioner made an application for impleading as a party to the execution proceedings, asserting the claim as a co-sharer in the suit property. The executing court has dismissed the application. It is observed that the applicant's mother was a party to the suit for partition and he could very well claim his share from his mother. Without commenting on this observation of the executing court, the fact remains that the executing court cannot go beyond the decree and re-open the issue to determine the right and claim of the petitioner. If the petitioner is aggrieved of the decree for partition, he is at liberty to seek remedy available to him under law. As far as the executing court is concerned, it has rightly declined the prayer of the petitioner. No infirmity in the impugned order. Petition dismissed. Petition dismissed.