1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.4934 OF 2011 IN S.A.NO.98 OF 1999. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 21.04.2011. 1. Heard. 2. The present Civil Application is moved for modification of the order passed on 11.3.2011 in C.A.No.5675/2005. This Court vide order dated 11.3.2011, had allowed the Civil Application in terms of prayer clause (B), thereby restraining the present applicants from alienating, creating third party interest and cutting the trees. Mr.Mete, learned counsel states that the trees are also in his lands which are creating obstruction in the cultivation and which are necessary to be cut. 3. Mr.Choudhari, learned counsel states that 2 the applicants herein are cutting the trees standing on the Bandh and they can not cut the trees without the permission of the Competent Authority. 4. The applicants can not be allowed to cut the trees which are standing on the Bandh. If there are other trees which would be causing impediment in the cultivation, the applicants are entitled to take appropriate steps in that regard and by following legal procedure may take steps to cut the same. 5. In the result, the order dated 11.3.2011, passed in C.A.No.5675 is modified to the extent that the present applicants herein i.e. non- applicants in C.A.No.5675/05 shall not alienate or create third party interest in respect of the suit property nor they shall cut the trees standing on the Bandh. If at all there are trees in the land which is under cultivation and the same are causing obstruction, the applicants are at liberty to take such appropriate steps as are permissible in law for the said purpose. 3 6. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.21.04.2011. asp/office/Ca4934.11