In previous litigation between the predecessors-in-interest of the parties, the petitioner herein was held to be a co-sharer of the suit property and ordered to be put into joint possession as co-sharer alongwith other co-sharers. As the. physical possession was not handed over to the petitioner herein, the respondents filed a new suit in the court of Sub Judge, Kishtwar, for declaration to the effect that they were the owners-in-possession and the basis of their adverse possession alongwith the consequential relief of injunction restraining the petitioner herein from interfering with in their possession. It was averred in the plaint that as no physical possession, was delivered in the execution proceedings and they continued to be in uninterrupted possession of the suit property till the institution of the suit, they were entitled to be declared as owners and the petitioner was required to be restrained by the issuance of appropriate injunction from interfering with their possession. The suit was resisted on the ground that since the controversy had been set at rest, the suit filed being barred by the principles of res judicata, was not maintainable. On the pleadings of t