IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 370 OF 2009 IN WRIT PETITION NO. 454 OF 2008 MS. AMIRA ABDUL RAZAK AND 2 ORS., ... Applicants Versus ANAND S. LAD ... Respondent Mr.J.E.Coelho Perreira, Senior Advocate with Mr. S. Karpe, Advocate for the applicants. Mr. S. G. Dessai, Senior Advocate with Mr.S.D. Padiyar, Advocate for the respondent. Coram:- SMT. R. S. DALVI, J. Date:- 22nd April, 2009 P.C. The applicants claimed to be the owners of the suit property in which there has been a lis between the applicants and the petitioner with regard to the premises tenanted to the petitioner. In the compound of the applicants there is a large tree. The civil application relates to the tree which is adjacent to the building of the applicants. It is the applicants' case that the respondents have caused damage to the tree. The respondents refuted that charge. The respondent's Advocate states that the petitioner in the petition has not caused any damage and shall not cause any damage to the tree. Several photographs of the tree along side the suit premises are produced and a horizontal incision in the middle of the tree trunk is seen. The petitioner in the writ petition claims that that is not done by him but that is done by the Municipality. The applicants claim that the enquiry with Municipality has shown that no act or action is taken by the Municipality. The statement of the Advocate for the petitioner in the writ petition made to Court would suffice in this application for protection of the tree which is only adjacent to the suit premises and otherwise has nothing to do with the suit premises. The petitioner's Advocate, however, states that the tree leans dangerously on to the property of the applicants. If the petitioner in the petition desires to take any action in respect of the tree, he may do so by following due legal process before the appropriate authority with prior written notice to the applicants herein. The application is disposed of accordingly. SMT. R. S. DALVI, J. SMA