2025:HHC:36002 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.308 of 2025 Decided on: 29.10.2025 Bansi Lal & another … Petitioners Versus Bhoop Singh … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Lovneesh Kanwar, Senior Advocate, with Mr. Tek Chand, Advocate. For the respondent : Ms. Anuja Mehta, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed order dated 27.12.2024 (Annexure P-2), passed by the learned Trial Court, in terms whereof, an application filed under Order 39, Rule 7 read with Section 151 of the Civil Procedure Code for the appointment of a Local Commissioner to verify as to whether the interim order passed by the learned Trial Court was breached by the present petitioners or not, stands allowed. 2. Learned Senior Counsel for the petitioners submits that firstly, the order was passed without affording and opportunity to the petitioners to file reply and secondly, the learned Counsel who has been appointed as the Local Commissioner, at one point of time was an assisting Counsel of the learned Counsel appearing for the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:36002 plaintiff. On these counts, he submits that the impugned order is bad. 3. On the other hand, learned Counsel for the respondent argued that in light of the fact that as the Local Commissioner has been appointed only to ascertain certain factual things at the spot, there is no infirmity in the impugned order. 4. Having heard learned Senior Counsel for the petitioners as well as learned Counsel for the respondent, this Court is of the considered view that interest of justice would be served in case this petition is disposed of by modifying the order passed by the learned Trial Court to the effect that the learned Trial Court shall appoint some other Counsel as a Local Commissioner, who is aggreable to both the parties on the same terms on which Shri Sanjay Thakur was appointed and the Commissioner so appointed shall, thereafter, carry out the Commission in the same terms as stood ordered by the Court on 27.12.2024. Ordered accordingly. 5. The petition stands disposed of in above terms. The parties through Counsel are directed to appear before the learned Court concerned on 17.11.2025. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 29, 2025 (Rishi)