2026:HHC:13500 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. : 422 of 2016 Decided on : 20.04.2026 Dhani Ram (deceased) through LRs …Appellants Versus Baldev Singh & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the appellants : Mr. Parneet Gupta, Advocate. For the respondent : Mr. Abhishek Kaistha, Advocate vice Ms. Rachna Kuthiala, Advocate, for respondents No.1 to 4. None for respondents No.5 to 10. Ms. Babita, Tehsildar Ghumarwin, in person with Mr. Arsh Rattan, Deputy Advocate General. Virender Singh, Judge (Oral) Appellants are before this Court, by way of the present Regular Second Appeal, which has been filed against the judgment and decree dated 26.07.2016, passed by the Court of learned District Judge, Bilaspur (hereinafter referred to as the ‘First Appellate Court’), in Civil Appeal No.15/13 of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:13500 2015, titled as ‘Baldev Singh & Others versus Dhani Ram & Others’. 2. By way of the judgment and decree dated 26.07.2016, the learned First Appellate Court has allowed the appeal of respondents No.1 to 4, which has been preferred by them against the judgment and decree dated 23.02.2015, passed by the Court of learned Civil Judge (Junior Division), Court No.3, Ghumarwin, District Bilaspur (hereinafter referred to as the ‘trial Court’), in Civil Suit No.40/1/11/02, titled as Dhani Ram versus Bishanu & Others. 3. Vide judgment and decree dated 23.02.2015, the learned trial Court has decreed the suit filed by the predecessor-in-interest of the present appellants for declaration and permanent prohibitory injunction. 4. During the pendency of the appeal, before this Court, the matter was referred to mediation, by appointing Mr. G.D. Verma, learned Senior Advocate and a trained mediator. The proceedings, having taken place before the learned mediator are reproduced as under:- 3 2026:HHC:13500 “ Parties present have stated that S/Sh.Bishnu Ram son of Late Sh. Nathu Ram and Nand Lal, son of Late Sh. Nathu Ram are both Senior Citizens but the amicable settlement which the parties are going to settle today is being done with their prior consent. Moreover both of them are being represented by their counsel Sh. Sanjeev Kutihiala, Sr. Advocate along with Sh. Abhishek Advocate. This matter has been referred by the Hon'ble Court for amicable settlement of dispute between the parties in mediation. The parties to the present litigation are from common ancestral land. Today, when matter was listed before the Hon'ble Court, the parties present and learned counsel representing them expressed their willingness and desires to settle the dispute in mediation. Mediation proceedings have been carried out with the active participation and assistance of the learned counsel for both the parties. Ultimately, the parties have agreed to settle the dispute with respect to their land at village Tihra, Village Nalti and at village Malyawar, Tehsil Ghumarwin, District Bilaspur as follows:- i) The land measuring 15.5 bighas which is inherited by Prem Lal and Pyare Lal from Smt Rody Devi situated in village Tihra Panchayat Malyawar Pargn a Sariun, Tehsil Ghumarwin, District Bilaspur comprised in Khasra No. 751 Khata Khatauni 313/348 situated in village Malyawar(Tihra). This land shall be surrendered by Pyare Lal and Prem Lal and to be put in a common hotch poach while considering the partition. 4 2026:HHC:13500 ii) Land measuring 4.3 bighas which is 1/6th share of the total land measuring 25.1 bhiga comprised in khasra No.442 Khata Khatauni No.312/347, village Malyawar, Pargana Sariun Tehsil Ghumarwin, District Bilaspur on which land defendants No. 1 to 4 have constructed their abadi will remain in possession of defendants No. 1 to 4 and will be deducted from their share while making the partition from meets and bounds. The aforesaid land will be divided equally amongst defendants No.1 to 4 namely Baldev Singh, Babu Ram, Sunil Kumar and Anil Kumar keeping in consideration their possession and their abadi at the site. iii. By way of compensation with respect to the land measuring 4.3. Bighas equal land in village Tihra will be given to plaintiffs No. 1 and 2 to be shared by them equally. iv. The remaining land at village Tihra and Nalti thereafter be divided equally amongst the plaintiffs and the defendants No. 1 to 4. The land at Village Nalti Pargana Tiun Tehsil Ghumarwin measured 2.17 bighas out of total land measuring 17.0 Bighas comprised in khasra No. 434/43/2, 436/44, 437/44/15, Kitta 3 Khata Khatoni No.102/123 situated at village Nalti Pargna Tiun, tehsil Ghumarwin, Distt. Bilaspur will also be divided amongst the plaintiffs 1 and 2 and the defendants No. 1 to 4 equally. Any other land which the parties identify for the purpose of partition by meets and bounds will also be taken into consideration and be divided amongst the plaintiffs No. 1 and 2 and the defendants No. 1 to 4 equally. 5 2026:HHC:13500 The parties present have requested that since the dispute has been amicably settled in the mediation has explained above, therefore, necessary steps may be taken for proper implementation and execution of the aforesaid compromise. Accordingly, on the request of both the parties, the Tehsildar Ghumarwin, District Bilaspur is appointed as Local Commissioner who shall heard both the parties and take necessary steps for execution and implementation of the aforesaid compromise. Needless to point out that parties have agreed that they will not raise any objection. However, the learned Local Commissioner will kindly see that execution and implementation of the aforesaid compromise is done equitably and whatsoever is positively executable. The fee of the Local Commissioner is fixed at Rs.30,000/-, Plaintiff shall pay Rs.15000/- and similarly defendants will pay Rs.15000/-, Party shall appear before the Tehsildar Ghumarwin on 30.06.2025. On that date half of the amount of fee shall be paid by the plaintiffs and defendants and the remaining 50% amount shall be paid on the date of completion and execution of the commission. The parties have a greed that, if, they are unable to join the proceedings before the learned Local commissioner, either he or any of the representative or Advocate shall represent him. The learned Local Commissioner while execution of this commission shall keep into the consideration prescribed procedure in connection with the partition of land as per provided existing laws including provisions of H.P. Land Revenue Act. The learned Local Commissioner shall be competent to take the help of concerned Halqua Patwari and Kanungo in connection with execution of this commission. The learned Local Commissioner shall execute this commission 6 2026:HHC:13500 within 45 days i.e. on or before 15.08.2025 and he is requested to submit his report on or before 22.8.2025 positively. It is made clear that none of the party shall have any right to raise any objection against the report of the Local Commissioner because he has been appointed with the consent of both the parties. Copy of the proceedings held today be sent to the Tehsildar Ghumarwin as well as to the District Collector, Bilaspur for their information and necessary action. Since the matter has been referred by the Hon'ble Court for settlement of dispute in mediation, therefore, this may please be ensured needful is done positively before 22.8.2025 while making a reference to the Tehsildar Ghumarwin as well as District Collector, Bilaspur. Copy of the order passed by the Hon'ble Court dated 24.6.2025 may also be sent to them. Thus mediation proceedings are successful." 5. Thereafter, the said mediation report was considered by the Court and on 14.10.2025, the following order has been passed:- “ The mediation report reveals that a sincere effort is already underway for amicable resolution of the dispute inter-se the parties. The Tehsildar Ghumarwin, District Bilaspur, H.P. has been associated by the learned Mediator for the purpose and as per his report, some more time is required to complete the partition proceedings inter-se the parties. Since the mediation process is moving in right direction, there is no impediment in granting the prayer for extension of time. Accordingly time for completion of mediation is extended till 31.12.2025. 7 2026:HHC:13500 The Registry shall intimate the Tehsildar Ghumarwin, District Bilaspur immediately about the order passed by this Court.” 6. In compliance of the said order, compliance report has been submitted, by Tehsildar Ghumarwin. Be taken on record. It has specifically been mentioned, in the status report, that the land, which is subject matter of the lis, at two places, has already been partitioned. Relevant portion of the report, is reproduced, as under:- “4. After perusal of old record it is found that there is mistake in preparation of tatima at the time of acquisition of land for the construction of road by the Land Acquisition Officer (HPPWD) in the year 1987. There is variation in Karamkans, field book and tatimas prepared by HPPWD at the time of acquisition. It humbly submitted that this mistake is required to be rectified after the correction of land acquisition papers currently available with the office of Land Acquisition Officer concerned. The acquisition of part of suit land in village Nalti was made vide mutation No. 333 dated 14-10-1987 for the construction of road and after comparison of field book, it is found that the suit land is recorded as 2-00 bighas where as it should have been 1-15 bighas. Keeping in view there was no option except to dismiss the mutation No. 777 as per proposed partition.” 7. So far as the land bearing Khasra No.436/44, situated in Village Nalti, is concerned, as per the report of 8 2026:HHC:13500 Tehsildar Ghumarwin, the same is built up area and numerous sale transactions have already taken place. As such, it has been submitted by Tehsildar that it is not possible to effect partition qua the suit land, as suggested in the report. Parties may approach the competent Court of law to get the said land partitioned. 8. In view of the above, no further action is required to be taken in the present appeal and the same is accordingly disposed of, in terms of the compromise having taken place between the parties, before the learned mediator. Parties are bound by the terms and conditions of settlement, having taken place before the learned mediator, as well as, the report submitted, in pursuance thereto, by Tehsildar Ghumarwin. Decree sheet be prepared accordingly. The compromise effected between the parties before the learned mediator, shall form part of the decree. 9. However, the parties are at liberty to approach the appropriate forum, in accordance with law, under appropriate provisions of law. 9 2026:HHC:13500 10. Remaining fee of the local Commissioner, be deposited by both the parties within two weeks from today. Pending application(s), if any, shall also stand disposed of. Record be sent back. ( Virender Singh ) April 20, 2026( ps ) Judge