Vivek Singh Thakur, J.

Respondent No. 1 in present appeal (herein after referred to be as plaintiff) has filed a civil suit against appellant Municipal Corporation, Shimla and proforma respondent No. 2 Divisional Forest Officer, Forest Division Shimla (herein after referred to be as defendants/defendants No. 1 and 2) seeking permanent prohibitory injunction restraining defendants from taking away timber or any part of converted from deodar tree felled illegally from his land comprised in Khasra No. 1164 situated in Mauja Khalini Shimla. The suit was dismissed by the trial Court however, in appeal, learned District Judge decreed the suit with costs by passing a decree for permanent prohibitory injunction restraining defendants from removing wood from the suit land either themselves or through their agents.

2. In present appeal, defendant No. 1, Municipal Corporation, Shimla assailed judgment and decree passed by learned District Judge (Forest), Shimla. Appeal was admitted on following substantial questions of law:-

“1. Whether after taking over the management of Divisional Forest Office of the Municipal Corporation by the H.P. State Govt. vide Notification dated18.4.2006, the