At the dacha of Sverdlov, in the immediate vicinity of the border of the dacha of Smirnov, an apple tree grew, some of the branches of which were located above the site of Smirnov. In the autumn, Sverdlov did not have time to harvest the ripe apple crop and a part of the fruit from the apple tree fell to the Smirnov site. Smirnov collected, fallen on his site, the fruits and cooked from them jam and compote. Upon learning of this, the owner of the apple tree demanded to refund the cost of the unreceived crop, because he believed that once the apple tree belongs to him, the apples that fell on the Smirnov site are also his property and Smirnov did not have the right to process them. And since Smirnov has already processed them, he must compensate for the damage caused to him. In turn, Smirnov acknowledged the fact that he picked apples and disposed of them at his discretion. However, he believed that everything located on his land plot was his property and Sverdlov’s claims were not substantiated. Moreover, the apples would have deteriorated over time and would have caused damage to Smirnov himself. Sverdlov filed a claim with the court for damages.
Give a legal assessment of the situation. How should the court decide this dispute?

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