IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.152/2018 Date of Decision: 02nd September, 2025. Gian Chand Taank .....Petitioner Versus Anjali and Ors. ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Karan Singh Kanwar, Advocate. For the Respondents: Mr. Ashok Tyagi, Advocate, for respondents No.1, 2, 4 and 5. Mr. Devender K. Sharma, Advocate, for respondent No.3. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned order dated 09.01.2018 passed by the learned Civil Judge (Jr. Division), Nahan, District Sirmaur, HP in Case No.3 of 2016, titled Gian Chand Vs. Anjali, whereby an application preferred by the present respondent/judgment debtor for appointment of a Local Commissioner under Order 26 Rule 9 CPC, had been allowed. 2. Heard counsel for the parties and perused the impugned order and the records appended along with the petition. 3. At the very outset, it would be appropriate to refer to Order dated 16.10.2019, passed by this Court. The same reads as follows:- “Heard for some time. Before this case is heard further, it is directed that Tehsildar, Nahan, shall carry out the demarcation for the purpose of identification of the path. However, the same shall not be in terms of 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 the order passed by the learned Executing Court which stands impugned by way of present petition. The demarcation to identify the path shall be carried out by the Tehsildar in terms of the compromise entered into between the parties dated 28.08.2014, relevant portion of which is reproduced herein below for the ready reference of the Tehsildar: “That defendants agree to provide a path 3 ½ meters wide from main Katcha Tank Chougan road by the side of shop of Sh. Jagdish Chand right up to the house of Sh. Gian Chand’ house. ” The demarcation for carving out the path shall be carried out within a period of four weeks as from the date of this order. A certified copy of this order be made available to the Tehsildar by either of the parties. It is clarified that demarcation shall be without prejudice to the respective contentions of the parties but demarcation shall be carried out in the presence of the parties by associating them in the same. List on 27.11.2019. Copy Dasti.” 4. From a perusal of the aforesaid order, it is evident that Tehsildar, Nahan has been appointed as Local Commissioner to do the needful. In pursuance to the order dated 16.10.2019, the report of the Tehsildar stands filed and the same has been taken on record. 5. In the aforesaid facts and attending circumstances, both the counsels appearing for the contesting parties jointly submit that the impugned order dated 09.01.2018, has been given effect to by this Court in terms of order dated 16.10.2019, as 3 the Local Commissioner stands appointed and he has submitted his report. Even though the Local Commissioner, in the case at hand, has acted in terms of the order dated 16.10.2019 and not in terms of the impugned order dated 09.01.2018. 6. In view thereof, impugned order dated 09.01.2018 is quashed and the matter is remanded back to the Executing Court, for dealing with the report filed by the Tehsildar Nahan in pursuance to order dated 16.10.2019. Parties are directed to appear before the learned Executing Court on 19.09.2025. Records be sent back forthwith to the Executing court. Report submitted in furtherance to order dated 16.10.2019, be also made available to the learned Executing Court. Parties shall file the objections to the same within four weeks from 19.09.2025. Subject to convenience of the Executing Court, the matter shall be decided as expeditiously as possible. 7. In view of above stated, present petition is disposed of, so also the pending miscellaneous application(s), if any. (Bipin Chander Negi) Judge 02nd September, 2025 (Gaurav Rawat)