VINEET GANDOTRA Vs. VINOD KUMAR GANDOTRA (DR.)

JUDGEMENT

(1.) Property in dispute relates to two rooms and a kitchen situated on the first floor of House No. 171, Raghunathpura Jammu. Dispossession of defendant-Vinod Kumar Gandotra was sought by the present decree holder on the ground that he was licencee and was required to vacate the premises. Stand of the defendant in the suit was that he was a member of the Hindu undivided family and was entitled to his share in the said property.

(2.) The suit was decreed by the trial court. The said decree was confirmed by two appellate courts. In pursuance to the decree passed, execution petition was filed before the executing court. After filing of the execution petition, an application has been filed by the present petitioner for being impleaded as party in the execution proceedings on the plea that he had filed a suit questioning the right of his father for relinquishing his share in the ancestral property without their consent. He claims to be co-sharer and in possession of the said property.

(3.) It is further contended that order of status quo passed by the trial court on 22.11.1993, has been made absolute on 14.9.2005 with the consent of learned counsel for the parties. The application of the petitioner for being impleaded as party has been dismissed by the Executing Court on the ground that his earlier application for impleadment as party in the suit in which decree was passed has been dismissed, as such, impleadment of the present petitioner in the execution petition was not maintainable.