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Judgment
N. Anil Kumar, J
Heard the learned counsel for the petitioner/1st respondent and the respondents.
This is an application to issue a direction to the 1st respondent/appellant, compelling him to cut and remove the trees in the plaint schedule property,
which are decayed and dried up and leaning towards the residential house of the petitioner/1st respondent adjacent to his property or in the alternative
allow the petitioner/1st respondent to cut and remove those trees immediately in order to avoid impending danger to the residential house of the
petitioner/1st respondent. For the sake of clarity and convenience, the learned counsel for the petitioner/1st respondent filed a schedule describing the
details of the trees, which are sought to be cut and removed.
When this petition has come up for consideration, the learned counsel for the 1st respondent/appellant submits that the 1st respondent/appellant has
no objection in cutting and removing the trees as stated. The learned counsel further submits that for the identical purpose, he also filed an application
in the connected appeal, RSA No. 796 of 2013, as IA No. 1 of 2021.
In view of the submission, it is just and proper to allow this application in the interest of justice.
In the result, this application is allowed, permitting the petitioner/1st respondent to cut and remove the trees, which are specifically scheduled as per
the schedule dated 09.08.2021, within 15 days from the date of this order to avoid impending danger to the life and properties of the petitioner/1st
respondent.