K.C. Agarwal, J. - (1.) This is a plaintiffs' appeal under Order 43 Rule l(r) of the Code of Civil Procedure against the judgment of the Civil Judge, Pilibhit, dated 31st May, 1985, partly dismissing the application for injunction made by the plaintiff-appellants.
(2.) The brief facts of the case are these. The plaintiffs claim themselves to be the owners over the trees situated in the plots detailed at the foot of the plaint which are situated in village Bailha Muhal Surkh Zadeed, district Pilibhit. They alleged that they are the owners of the trees standing on the land to the extent of the shares disclosed in paragraph 9 of the plaint and that defendant nos. 1 and 11, Ejazul Hasan Khan and Haji Mohammad Shamsul Hasan Khan, respectively, who were the joint owners of the trees standing on the plots aforesaid along with the trees standing on the plots aforesaid along with the plaintiffs and defendants 2 to 9 were threatening to cut away the trees and, therefore, they were liable to be injucted from doing so. The plaintiffs alleged that defendant no. 1 Aijazul Hasan Khan along with defendants 1 and 11 had cut down 300 trees standing on the aforesaid plots recently without the consent of the plaintiffs and other co-owners and, as such, they were entitled to injunction restraining the defendants from either cutting, removing, selling, selling or transferring the same.
(3.) The plaintiffs also moved an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for grant of temporary injunction. This application, which has numbered as 6-5, was supported by an affidavit. The notices were issued and ex parte injunction was granted on 1-4-1985 whereby defendants 1 and 11 were restrained from interfering with the trees standing on the plots in dispute and were also restrained from cutting them.;