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2025 DAILYLAW 18638 (HP)

PREM CHAND v. AMAR CHAND AND ORS

CMPMO/333/2021 · 2025-09-23

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.333/2021 Date of Decision: 23rd September, 2025. Prem Chand .....Petitioner Versus Amar Chand and Ors. ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. G.D. Verma, Sr. Advocate with Mr. Sumit Sharma, Advocate. For the Respondents: Ms. Vishali Lakhanpal, Advocate, vice Mr. Ramakant Sharma, Advocate. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned order dated 27.10.2021 (Annexure P-9), passed by the learned District Judge, Hamirpur, District Hamirpur, HP, whereby an application filed under Order 26 Rule 9 CPC for appointment of Local Commissioner, by the present petitioner, has been dismissed. 2. Heard counsel for the parties, perused the impugned order and the records appended along with the petition. 3. The application filed by the petitioner seeking appointment of a Local Commissioner, in terms of Order 26 Rule 9 read with Section 151 CPC is appended along with present petition as Annexure P-5. The sole reason cited 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 therein for appointment of a local commissioner being that the petitoner had filed a demarcation report, however, the said demarcation report was assailed before the SDO(Civil) Bhoranj. The appeal so preferred was accepted on 17.12.2014. The matter was remanded to the lower Revenue Court to carry out a fresh demarcation, but till date no demarcation has been carried out by the revenue officials. 4. In response to the present application, it has been categorically averred that subsequent to order dated 17.12.2014, passed by the SDO(Civil) Bhoranj, District Hamirpur, a demarcation was carried out at the spot on 14.03.2017 by one Sh. Bakhtawar Singh, Retired Naib Tehsildar. The report prepared post-spot inspection has been tendered in evidence and the petitoner had accepted the demarcation on the spot. 5. In the aforesaid facts and attending circumstances, the plea for appointment of a Local Commissioner had been rejected by the learned District Judge. I see no reason to differ with the well-reasoned order dated 27.10.2021, passed by the learned District Judge, Hamirpur, which has been assailed before this Court by way of the present petition. 3 6. In view of the above, the present petition is dismissed being devoid of merit. Pending miscellaneous application(s), if any, shall also stand disposed of. Parties are directed to appear before the learned District Judge on 14.10.2025. (Bipin Chander Negi) Judge 23rd September, 2025 (Gaurav Rawat)