Rakesh Kainthla, Judge

1. The present appeal is directed against the judgment and decree dated 16th April, 2007 passed by learned District Judge (Forests), Shimla (learned Appellate Court) vide which the judgment and decree dated 23rd March, 2005 passed by learned Civil Judge (Junior Division) Jubbal Camp at Theog, District Shimla, H.P. (learned Trial Court) were partly set aside (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a Civil Suit for the recovery of ₹1,38,767/- along with pending and future interest and permanent prohibitory injunction for restraining the defendants from cutting and removing the trees from the suit land described in Para-1 of the plaint, changing its nature by raising any construction on it till it is partitioned by metes and bounds. It was asserted that the plaintiffs and defendants No.1, 3 & 4 are co-owners of the suit land. The suit land has not been partitioned formally. However, the parties are residing separately for cultivation. The suit land bearing Khasra No.195 and