: 1 : 27931-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 27931 OF 2011 Shivaji Vishnu Shelke & Anr. .. Petitioners v/s. Premsagar Kesarchand Gadia & Ors. .. Respondents ......... Mr. Surel S. Shah for the petitioners Mr. Rupesh Bobde for respondent nos. 1 to 5 ......... CORAM : R.Y.GANOO, J DATE : 19th OCTOBER,2011. P.C. : 1. Rule. Rule is made returnable forthwith. Learned advocate Mr. Rupes Bobade appearing on behalf of the respondent nos. 1 to 5 waives service. By consent, petition is taken up for hearing. 2. The order dated 22nd September, 2011 passed by learned Joint Civil Judge, Junior Division, Malshiras Dist. Solapur in R.C. Suit No.782 of 2006 is challenged. By the impugned order, the learned trial Judge has permitted to cut the over-hanging branches of Babhul tree property : 2 : 27931-11-wp=.sxw mentioned in order. After having perused the impugned order, I am of the view that this Court need not interfere in the impugned order as the record clearly shows that the over-hanging branches are interfering with the enjoyment of the properties of the respondents. Insofar as the point no.7 of the impugned order is concerned, I am inclined to observed that the portions, which would get cut, being the property of the petitioners, should be returned to them. To that extent, the modification will have to be done. Hence, following order is passed. 3. The order dated 22nd September, 2011 passed by learned Joint Civil Judge, Junior Division, Malshiras is confirmed except point no.7 of the said order is set aside. After the cutting of the branches, the cut portion shall be collected by the petitioners and they will be free to use it as per their choice. In the facts and circumstances of the case, there shall be no order as to costs. (R.Y.GANOO, J.)