Kerala High Court
Chandra Sekhara Pillai vs Bhargavi Amma on 12 August, 2021
RSA No.749/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Thursday, the 12th day of August 2021 / 21st Sravana, 1943
IA.NO.3/2021 IN RSA NO. 749 OF 2020
AS.71/2015 OF ADDITIONAL DISTRICT COURT-II, MAVELIKKARA
OS.29/2004 OF THE MUNSIFF COURT,HARIPAD.
PETITIONERS/RESPONDENTS 1 TO 3 IN RSA:
1. BHARGAVI AMMA, D/O. KUNJIKUTTY AMMA, AGED 85 YEARS,CHEKKOTTU
VEETTIL, THEKKEKARA KIZHAKKUM MURI, PALLIPPAD VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA 690 516
2. VIJAYA KUMAR, S/O. BHARGAVI AMMA, AGED 60 YEARS,CHEKKOTTU VEETTIL,
THEKKEKARA KIZHAKKUM MURI, PALLIPPAD VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA 690 516
3. PADMAKUMAR,S/O.MADHAVA PILLAI, AGED 55 YEARS, CHEKKOTTU VEETTIL,
THEKKEKARA KIZHAKKUM MURI, PALLIPPAD VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA 690 516
RESPONDENTS/APPELLANT IN RSA/RESPONDENTS 4 AND 5:
1. CHANDRA SEKHARA PILLAI, S/O. KUNJU PILLAI, AGED 68 YEARS,CHEKKOTTU
VEETTIL, THEKKEKARA KIZHAKKUM MURI, PALLIPPAD VILLAGE, MAVELIKARA,
ALAPPUZHA DISTRICT 690 107
2. SREEKUMARI, D/O.GOPALAN NAIR,AGED 61 YEARS, CHEKKOTTU VEETTIL, NOW
RESIDING AT SREE VILASATH, THEKKEKARA KIZHAKKUM MURI, PALLIPPAD
VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA 690 516
3. SURESH KUMAR, S/O.GOPALAN NAIR, AGED 55 YEARS,CHEKKOTTU VEETTIL,
NOW RESIDING AT SREE VILASATH, THEKKEKARA KIZHAKKUM MURI, PALLIPPAD
VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA 690 516.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
directing the 1st respondent herein to cut and remove Almond tree (Badam)
and Perumaram tree which are standing on the extreme western boundary of
plaint A schedule property and dangerously overhanging to the houses of
the petitioners,during the pendency of Second appeal in the interest of
justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SRI.ARUN
BOSE, Advocates for the petitioners and of SRI.S.V.BALAKRISHNA IYER,
Senior Advocate along with SRI.P.B.KRISHNAN, SRI.P.B.SUBRAMANYAN, SRI.SABU
GEORGE, SRI.MANU VYASAN PETER, SMT.MEERA P., Advocates for the 1st
respondent, the court passed the following:
RSA No.749/2020 2/3
N. ANIL KUMAR, J.
-----------------------------------------
IA No. 3 of 2021
in
RSA No. 749 of 2020
-----------------------------------------
Dated this the 12th day of August, 2021
ORDER
This is an application filed by the
respondents in the RSA seeking for a direction
to the 1st respondent/appellant to cut and
remove the almond tree (badam) and perumaram
tree standing on the extreme western boundary
of plaint A schedule property and dangerously
overhanging to the houses of the petitioners.
2. Relying on paragraph 48 of the impugned
judgment of the first appellate court, the
learned counsel for the petitioners/
respondents submits that the Commissioner
reported that the branches of the said trees
were protruding into B schedule to a length of
15 feet. More significantly, the Commissioner
reported that the branches of the badam tree,
RSA No.749/2020 3/3
RSA No. 749 of 2020
..2..
which is about 50 years old, were protruding
into B schedule endangering the buildings in B
schedule.
3. In view of the circumstances alleged, the
learned senior counsel appearing for the
appellant fairly submits that he will advise
the appellant to prune the branches
completely.
4. The above said exercise shall be done within a
period of ten days from the date of this
order.
Post on 31.08.2021.
Sd/-
N. ANIL KUMAR
JUDGE
bka/12.08.2021
12-08-2021 /True Copy/ Assistant Registrar
