SHANU THULO VELIP Vs. SUKDO PUNO VELIP

JUDGEMENT

(1.) BY this petition filed under Section 482 of the Code (Code of Criminal Procedure, 1973), the Petitioner assails the Judgment/ Order dated 17-8-2009 of the learned Additional Sessions Judge, Margao, upholding the Judgment/ Order dated 13-3-2009 of the learned Executive Magistrate, Canacona, by which four coconut trees which were inclined on the Complainant's house (math) were ordered to be cut.

(2.) AFTER the said Orders were passed, two of the trees which did not belong to the Petitioner herein but belonged to the other Respondents have been cut as submitted by learned Counsel on behalf of both the parties. However, learned Counsel have not been able to inform the Court as to which of the said two trees from there identified as C-1, C-2, C-3 and C-4 have been cut.

(3.) THE said information was sent to the Police for inquiry and report and thereafter based on a report a conditional Order dated 10-6-2007 came to be issued. The conditional Order dated 10-8-2007 states that there are four coconut trees and one bread fruit tree which was inclined on the dwelling house/math and dry coconuts and dry palm leaves fall on the said house causing damage to the house roof tiles thereby posing danger to the house and the inmates therein. The Petitioner herein along with Respondent Nos.1 and 2 were directed to cut the said trees and the branch of the bread fruit tree or show cause why the same should not be ordered to be cut.