YOGESH KHANNA, J.

1. The appellant lays a challenge to the order dated November 19, 2013 allowing IA No.8034/2011. The plaint has been rejected holding that the issue raised in the plaint operates as a res-judicata.

2. Admitted facts are that Late Hari Chand and Dr.Chiranji Lal (brothers) were the owners of 1/3rd share with possession separated in property bearing Municipal No.4, Hailey Road, New Delhi.

3. During his life time Hari Dass sought partition of the property held in his name and his brother, in which suit he claimed possession. Registered as CS (OS) 314/1967, on August 10, 1972 a preliminary decree was passed declaring Hari Dass as 1/3rd share holder and the remainder 2/3rd in Dr.Chiranji Lal. A final decree for partition was passed on August 07, 1981 in which the shares of the two brothers was separated.

4. Execution of the decree sought in the year 1994 terminated in a decision rendered by the Supreme Court holding that the execution petition, being filed beyond 12 years of the decree, was barred by limitation and the result therefore was Hari Dass not being able to obtain possession of the separated share in the property assigned to him.

5. The appellants ar