By the Court.—This first appeal from order under Oder 43 Rule 1 (r) of the Code of Civil Procedure arises out of an order passed by the Additional Civil Judge (SD), Court No. 2, Muzaffarnagar dated 29.8.2012 by which he has allowed the application and has issued interim injunction directing the parties to maintain status quo in respect of the trees detailed in Annexures 1 to 9 with the plaint and had fixed 24.9.2012 for framing of issues.

2. We have heard Shri V.K. Gupta, learned counsel appearing for the defendant appellants. Shri Ravi Kiran Jain, Senior Counsel assisted by Shri Nipun Singh has appeared for plaintiff respondents.

3. Smt. Balreet Kaur Bhattal, sister of Shri Indraj Singh @ Neetu, the plaintiff-respondent has filed an application to be impleaded as party-respondent to the appeal. In her affidavit it is stated that she has filed an impleadment application on 11.10.2012 under Order 1 Rule 10 CPC in Suit No. 1017 of 2011, Indraj Singh v. Smt. Gulminder Kaur and others. She has also filed an application for impleadment in the separate suit filed by the defendant appellant being Suit No. 772 of 2011, Smt. Gulminder Kaur and others v. Indraj Singh and others, pending in the same Court of Civil Judge (SD), Court No. 2, Muzaffarnagar. The Original Suit No. 1017 of 2011 was filed by Indraj Singh, the plaintiff respondent impleading Smt. Gulminder Kaur Mahal and her son Shri Angad Singh Mahal as defendants with prayers for a decree of permanent injunction restraining the defendants or their agents and servants not to cut the trees on the land, Annexure 1 to 9, until she gets her exclusive title declared on them or without getting the same partitioned.

The plaint allegations

4. In the plaint the plaintiff respondent has alleged that he alongwith defendants and some other persons, who have not been impleaded as parties, and Jaipal Singh and others being their land in Village Tipperpur and Village Jaitpur Pargana Bhumma Sambhalkhera Tehsil Jansath Distt. Muzaffarnagar and in Village Haiderpur Pargana Bhumma Sambhalkhera Tehsil Jansath Distt. Muzaffarnagar. On the land in Village Tipperpur, Jaitpur Gaurasiwala and Haiderpur, the plaintiff, the defendants and Shri Jaipal Singh, who is not impleaded as party, and others established an agricultural farm with the name of Grewal Model Form, Tipperpur. The khataunies (records of title) of these lands are annexed as Annexures 1 to 9 with the plaint. In para 4 of the plaint it is stated that in these lands the plaintiff has 22 1/2 % share and the defendants have 22 1/2 % share. The rest of the share of 55% belongs to Shri Jaipal singh, who has not been impleaded as defendant in the suit. In para 5 of the plaint it is stated that there has been no partition from any Court but that the plaintiff and defendants and Shri Jaipal Singh, who has not been impleaded as party to the suit had agreed after spending substantial amount to plant popular trees on the land and to cultivate them. The plaintiff is exclusive owner of the Popular trees planted on the land in village Tipperpur, Jaitpur, Gaurasiwala and Haiderpur. The defendants or Shri Jaipal singh do not have any rights of any kind over these trees. It is stated in para 6 that there are about 12000 trees on the land in these three villages, which are described as disputed trees. It is then stated in the plaint that though the defendants or Shri Jaipal Singh and others had title or interest but since in the revenue records all the parties are recorded as co-tenure holders/ co-bhumidhars, the defendants are treating themselves to be co-owners of these trees. The defendants have colluded with the local revenue officers and police officers. They have influence over officers in the IAS and PCS lobby and that in connivance of these officers they want to cut away these trees, whereas they have no such rights. The defendants can at the best get partition of the trees from the competent Court and can cut the trees only after getting thei