GULMINDER KAUR MAHAL Vs. INDRAJ SINGH

JUDGEMENT

(1.) 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 Addl. 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 Annexure Nos.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 & Ors. 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 & Ors. v. Indraj Singh & Ors. 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.