By this application under Order VII Rule 11 CPC the Defendant seeks rejection of the plaint on the plea of res-judicata. The objection of the Defendant is that in earlier suit for partition filed between the parties a decree was passed on 7th August, 1981 and thereafter the Plaintiffs filed the execution petition belatedly which was dismissed. The Appeal against the order of dismissal of the said execution petition was also dismissed and the same has attained finality till the Hon’ble Supreme Court. Since the execution of the decree passed has already been declined, the Plaintiffs in the garb of the present suit, seeking possession of the property, cannot re-agitate the issues which have been finally set at rest. The relief of possession was sought earlier as well and thus the same is barred by res-judicata. Reliance is placed on T. Arivanandam vs. T.V. Satyapal and another, 1977 (4) SCC 467; United Commercial Bank Ltd. vs. Okara Grain Buyers Syndicate Ltd. and another, 1968 (3) SCR 396.

2. Learned counsel for the Plaintiffs/non-applicants on the other hand contends that the dismissal of the execution petition has no bearing on the present suit and the same is main