Item- 32. sg 05-08-2026 Ct. 6 CO 2490 of 2026 Anima Bhadra Versus Prasanta Kumar Mukherjee & Ors. [ Mr. Sayantan Rakshit …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 39 dated 1st July, 2026 passed by the learned Civil Judge (Junior Division), 2nd Court at Serampore in Title Suit No. 478 of 2019. By the order impugned, the application under section 151 of the Code of Civil Procedure was allowed for the purpose of permitting the plaintiff/opposite party to enter the ‘C’ schedule passage solely for the purpose of cutting and removing the Banyan tree standing adjacent to the northern wall of the ‘A’ schedule property. The learned advocate appearing for the petitioner submits that while cutting the Banyan tree, if any damage to the bathroom of the defendant is caused, the same may be repaired forthwith. After going through the order impugned, this Court finds that the petitioner, at the time of hearing, stated that he has no objection if the plaintiff is permitted to cut and remove the Banyan tree and is granted access through ‘C’ schedule passage for that limited purpose. The defendant/petitioner sought for appropriate safeguards by contending that, in the event any damage is caused to the bathroom of the petitioner during the process of removal, the plaintiff shall be liable to 2 restore and repair the same at his own expense. After going through the order impugned, this Court finds that the learned Trial Judge has directed cutting and removing the Banyan tree under the supervision of the learned Advocate Commissioner, who was directed to remove the tree and submit a compliance report before the court. The plaintiff/respondent was also directed to bear the expenses relating to cutting and removing of the Banyan tree and in the event any damage is caused to the bathroom or any other adjoining structure of the defendant/petitioner during cutting and removing the said tree, the plaintiff/respondent shall restore the same to its original condition at his own cost within such reasonable time as may be fixed by this Court, if required. Thus, it appears that the learned Trial Judge is in seisin over the matter and has directed cutting down and removing the Banyan tree under the supervision of the learned Advocate Commissioner. For the reasons as aforesaid, this Court is not inclined to interfere with the order impugned. The civil revisional application stands dismissed. However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Hiranmay Bhattacharyya, J.)