JUDGMENT

MANMOHAN, CJ : (ORAL)

1. Present appeal has been filed under Section 10 of the Delhi High Court Act , 1966 challenging the order dated 23rd April, 2024 passed by the learned Single Judge in C.S.(OS) 381/2016 titled “Badri Bhagat Signature Not Verified FAO(OS). 139/2024 Digitally Signed Page 1 of 5 Jhandewala Temple Society vs. Smt Har Pyari”, whereby the learned Single Judge has dismissed the application filed by the LR of the appellant i.e., Shri. Brij Bhushan Sharma under Order VII Rule 11 of the Code of Civil Procedure , 1908 (for short ‘CPC’) on the ground that all the averments made in the application are taken in the written statement and limited the defence of the LR/appellant to those which had already been taken by the late Smt.

Harpyari.

2. Shri. Brij Bhushan Sharma, the LR of the appellant predicates his submissions on the doctrine of res judicata to assail the impugned order dismissing his application under Order VII Rule 11 CPC. He states that the Court of Sub-Judge 1st Class, Delhi in Suit No.169/1960 by the judgement and decree dated 9th June, 1960 had dismissed the suit seeking possession, permanent injunction, damages and Mesne Profit filed by the respondent