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Judgment
V.K. Sharma, J.—Heard. In view of the averments set up on behalf of the parties in this application and reply thereto, the application is disposed of in the following terms:-
(i) Subject to the applicants/plaintiffs/decree holders moving the concerned authority, that is, Assistant Collector, Grade I, Chirgaon, District Shimla, H.P. regarding partition of the land/orchard comprised in Khewat No. 124, Khatauni No. 3 to 6, Khasra Nos. 1260, 1320, 1328, 1274 and 1276 kitas 5, measuring 00-49-60 hectares, 30/36th share in land comprised in Khata Khatauni No. 37/140, Khasra Nos. 1272, 1283, 1329, 1330, 1331, 1332, 1333, 1334, 1335 and 1326, measuring 02-54-92 hectares and 60/480th share in land comprised in Khata Khatauni No. 65/186, Khasra No. 1266, measuring 00-15-60 hectares, situate at Mauja Dhagholi, Tehsil Chirgaon, District Shimla, H.P., in accordance with the preliminary decree passed by this Court on 4.1.2013 in Civil Suit No. 64 of 2008, titled Smt. Bhagwati Kanwar and others Vs. Sh. Chandreshwar Prasad Tayal and another, within thirty days from today, the said Assistant Collector shall take appropriate action in the matter in accordance with law as expeditiously as possible but preferably within three months after receipt of the application from the applicants/plaintiffs/decree holders in terms of this order.
(ii) As far as prayers ii. a & b and iii to the present application, which are extracted below, are concerned, in view of the agreement between the parties as emerges out at the bar, Mr. G.D. Verma, learned Senior Advocate, H.P. High Court is appointed as Local Commissioner for getting the needful done as required under these prayers, for which he may take services of appropriate experts well versed with carrying out civil partition and accounts, respectively. With the consent of the parties, fee of the Local Commissioner is fixed at Rs. 50,000/- (rupees fifty thousand only) to be shared by the plaintiffs and defendants in equal shares. The fees payable to the experts shall be fixed by the Local Commissioner in consultation with the experts and the parties as mutually acceptable to all of them and keeping in view the nature and quantum of expert services rendered by them. Report of the Local Commissioner be submitted by 30.11.2014:-
ii. A Technical Expert may kindly be appointed with direction to suggest the mode of partition of the properties detailed hereinafter by meters and bounds:-
a. Land comprised in Khata No. 43, Khatauni No. 51 Khasra No. 1448/7 measuring 190 square meters situated at Mauja Upmohal Kelston, Teh. & Distt. Shimla, H.P. along with 5 storied RCC structure with two full constructed floors and three floors in the shape of RCC Slabs.
b. A 5 storied building situated on land comprised in Khata No. 5 Min Khatauni No. 318, Khasra No. 404 measuring 37.95 square meters situated at Bazaar Ward, Bara Shimla, Teh. & Distt. Shimla, H.P.
iii. A Technical Expert may kindly be appointed with direction to take all the accounts of M/s. Trishool Beakers, The Mall Shimla and to ascertain the value of 50% share of late Shri Bhajan Dass Tayal in the said firm on the date of his death i.e. 28.8.2013 and to apportion the same between the parties in accordance with decree after calculating interest @ 8% per annum thereon w.e.f. 28.8.2004 till date of actual payment.
The application stands disposed of in the above terms.