Query about court order u/s 133 c.r.p.c
Deep Chowdhury
(Querist) 30 January 2014
This query is : Resolved
We have a coconut tree in our house premises which is around 40-50 years old and close to one of the neighbour house who has built her house around 13 years ago which was previously was a ground (prior to that it was a pond) but now our neighbor asked us to cut down our coconut tree as it has bending towards their house and they want to have new construction on their house, so that have filed a petition in front of court and on the basis of that court (Barrackpore sub-division court under West Bengal) has gave a order under u/s 133 C.R.P.C where court has directed to local police to see the matter and gave us the order to cut down the coconut tree within 15 days from the date of order sheet failing which we should give the reason in front of court on 13th February, 2014 that why we did not cut down the same. Now, on 22nd January, 2014, court has given a fresh order where local police station has directed to see the matter that whether we have cut down the tree or not. We have not cut down the tree as of now as because coconut tree is bending towards our neighbor house and if we cut down the same then it may damage to their building (our opponent neighbour along with it may also damage another neighbour’s house) hence we are fearing about this and we want to say the same in front of court. Meanwhile, local police has almost forcefully said that ‘you should cut down the tree and if required opposition party (our neighbour) will write in court paper that they don’t blame us if anything goes wrong but we do not trust police as well if anything goes wrong then court may catch hold us.
So, my query is that what should we do? Shall we say our point in front of court prior to next court date i.e. 13th February, 2014 (whether it can be done?) or shall we wait till the 13th February, 2014 and on that particular date we shall say our point in front of court. Whether court can give any order against us that why we have not obeyed court’s order up to now (we have our problem and I have mentioned it in above). What can be the court verdict after hearing our point? Whether we can put out point in front of court directly if yes, then what is the procedure) or should we appoint a advocate to give our point in front of court.
ajay sethi
(Expert) 30 January 2014
comply with court orders . cut down coconut tree before next date . engage local lawyer
Deep Chowdhury
(Querist) 30 January 2014
But if our neighbour house is getting any sorts of damage then what should we do? Should we ask them to write it down in court paper (provided that if they agreed on it) that they would not blame us if any damage has been done due to cutting down of coconut tree and whether it is (writing statement in court paper is legally acceptable if any mis happen occur)
Devajyoti Barman
(Expert) 30 January 2014
While cutting down the tree it is your duty that the falling tree does not cause any damage to others.
Why on earth your neighbour would make such undertaking.
Comply such order else contempt proceeding would may be drawn up against you.
Another option is you cna file revisional application in sessions court or high court challenging such order
Deep Chowdhury
(Querist) 30 January 2014
Thanks for the opinion sir, local police said that we will be present to help you to cut down the tree, so should we take their assistance? If we cut down the tree then should we need to appear in front of court on next date i.e. 13th February, 2014? If, any damage occurred while cutting down the coconut tree then shall we need to pay the damage charge? whether our opponent part can file case against us if any damage occurred to their building while cutting down the coconut tree?
ajay sethi
(Expert) 30 January 2014
it is your duty that while cutting down tree it dosent damage your neighbour house. comply with court orders
ajay sethi
(Expert) 30 January 2014
take cops assistance . appear before court on next date and inform the court that order has been complied with
Devajyoti Barman
(Expert) 30 January 2014
You will be liable for damages. Get this in your mind.Once tree is cut the police will submit the report.
You need not visit the court.
Deep Chowdhury
(Querist) 30 January 2014
Thanks so much sirs for the info..(Mr. Barman and Mr.Sethi). Have a nice day sirs
Rajendra K Goyal
(Expert) 30 January 2014
Well advised by the experts, agree to it.
Deep Chowdhury
(Querist) 31 January 2014
Can we appear before the court and tell the honorable court that we would like to cut down the tree but due to the shortage of space we worry that while cutting the tree it may damage our neighbour’s house as well another neighbour house which is also very close to that tree, so in this circumstances we would plead honorable court to give such see the matter and give decision as deemed fit so that the tree can be cut down without troubling anyone (as coconut tree was there long time prior to our neighbour built their house), if we appear before court on the next date i.e 13th Feb, 2014 will it be too late as because court has given order to cut down the tree within 15days (end around 2nd week of Jan) and a fresh order as well on 22nd Jan to advise policed to investigate whether the same has been done or not. Though, court has said that if we are not willing to cut down the tree then the reason needs to be bring in front of court on next date. So, on 13th Feb, can court take action against us for not comply the order on time (we have problem to do so and the reason has already mentioned just above) or court may take it and give some smooth alternative (may be).
Devajyoti Barman
(Expert) 31 January 2014
If there is genuine shortage pf space then file a petition in the magistrate or inform the police in writing.
Do cut the tree in presence of police only.
Deep Chowdhury
(Querist) 01 February 2014
So, sir can we fill the petition in the magistrate on next date? Do this work (as there genuine sort of space and if we want to cut the tree then we have to to our neighbour area as large part of the tree is bending towards them. Shall we consider advocate for filling the petition. Basiccaly, our purpose is to inform court about the inadequate space so shall we put up our point on next date i.e. 13th Feb or can it be put prior to that date also?
Nadeem Qureshi
(Expert) 03 February 2014
contact a lawyer in person, it will be better
