IN THE COURT OF SH.KANWAL KUMAR A.C.J(S.

D) BILASPUR

Iqbal Mohd. versus Khalil

Application under section 151 CPC for permission to cut and sale the
standing popular trees standing over the khasra no. 19//24/3 (part of the suit
property) by appointing some assessing officer and receiver.

Sir,
The plaintiff respectfully submits as under:-

1. That the plaintiff had filed a Civil Ssuit no. 2086 of 2009/2011 titled as
Iqbal Mohd. Vs Khalil for Permanent Injuction against defendant no 1
restraining hi from changing the existing nature of land by raising any
sort of construction and also from cutting and removing the standing
popular trees, jointly owned and possessed by plaintiff and defendant
no.1, comprised of khasra no. 16//11/1, 17//14/2,15,
6//14/2,15/1,19//24/3,17//14/1 situated in Village kot Mushtarka , Teshil
Chhachhrauli, Disst Yamunanagar, which was decided in favour of
plaintiff by the court of Ms. Aarti singh Additional Civil Judge (S.D)
Bilaspur vide judgement and decree dated 30.08.2012. Thereafter
defendant no 1filed appeal against said judgement and decree dated
no.30.08.2012, which was dismissed by the court of Sh. A.K Bishnoi
A.D.J. Yamunagar at Jagadhari, vide judgment and decree dated
17.07.2015. As such the defendant no.1 was restrained from the
changing the nature of suit property and also from cutting and removing
standing popular trees from the suit land.

2. That thereafter defendant no. 1 convenced a panchayat of respectable

in village and ultimately, defendants no 2 to 6 were appointed as
Mediators(Saalas) with the consent of plaintiff nd defendants no 1 and
ultimately the Mediators i.e defendants no 2 to 6 settled the dispute
between the plaintiff and defendants no. 1 , which was reduced into
writing on 12.10.2015 and was duley signed by plaintiff and defendant
no. 1 and Mediators and others. As per compromise dated 12.10.2015.
 It was decided that the land shall be got partitioned at the spot and
possession of the same shall be delivered to the plaintiff and deendant
no.1 as per partition after cutting and removing the standing trees from
the same. It was further settled that the sale proceed of trees shall be
kept in safe custody of defendant no. 2 Lambardar of the Village and
defendant no. 3 husband of the then Sarpanch Smt. Krishna Devi, for
distribution to plaintiff and defendant no. 1 after delivery of possession
of partitioned land at the spot to plaintiff and defendant no. 1.

3. That the Mediators partitioned the land bearing khasra no. 16//11/1,
17//15,14/1,14/2 between plaintiff and defendant no. 1 by leaving a joint
passage of 2 gatha wide abuts thesouthern killa line of khasra no.
16//11/1. The land to the share of plaintiff was allotted in khasra no.
16//11/1 and in khasra no. 17//15 towards east and khasra no
17//14/1,14/2, fell to the share of defendant no. 1 and remaining portion
of his share was adjusted from khasra no. 17//15 towards west. It was
further settled in the compromise that tube well got installed by
defendant no. 1 shall be removed from the allotted land of the plaintiff
and shall be installed in the land came to the lot of defendant no. 1 on
the expenses of the plaintiff, however the expenses of tube well articles
etc. shall be borne by the defendants no. 1 agreed to it and as per
compromise it was further settled that sale proceeds of cutting trees
shall be kept by defendant no.2 and 3 till actual implementation of
compromise dated 12.10.2015
4. That thereafter trees worth Rs. 2 lacs were cut and removed from the
suit land and sale proceeds of the same has been kept in joint custody
of defendant no. 2 and 3 and some trees are still standing in the land,
but defendant no. 1 has backed out from the compromise with a
dishonest and mala fide intention after cutting of valuable trees from th
land of plaintiff and has refused to get remove the tube well from the
allotted land of plaintiff. The plaintiff had requested the defendants no. 1
 & 6 to get implement the compromise dated 12.10.2015 at the spot by
removing the tube well form the allotted land but the defendant no 1 & 6
are colluded with each other and have refused to act upon the
compromise dated 12.10.2015.
5. That thereafter applicant/plaintiff has filed the another suit for mandatory
injunction and permanent injunction before this Hon’ble court and same
is still pending.
6. That now the popular trees are still standing in the khasra no. 19//24/3,
which have been matured. Due to passage of time the value of said
trees is diminishing day by day and said land will not be used for other
crop until and unless said trees would not cut and remove. In case
necessary permission shall not granted then applicant/plaintiff shall
suffer irreparable loss and injury, which cannot be compensated in
terms of money. Further, no useful purpose will be serve be keeping the
said trees standing over the said khasra no. 19//24/3 and same will be
detrimental to the interest of both the parties.
7. That it is required in the interest of justice to appoint receiver to cut and
sale the standing trees in the said khasra no. 19//24/3 to remove the
doubt regarding the sale proceeds of said trees.

It is therefore most respectfully prayed that permission to cut and

sale the popular trees standing over the khasra no. 19//24/3 may
kindly be granted and assessing officer and receiver be appointed
in the interest of justice.

Applicant/Plaintiff

Through Counsel

Verification-
 Verified that the contents of above noted application are true and
correct to the best of my knowledge and bel;ief. Verified at Bilaspur

Applicant/Plaintiff