Justice Rajiv Sharma, Judge (oral).

This petition is instituted against the order dated 19.1.2013 rendered by the District Judge, Sirmaur District at Nahan in Civil Misc. Appeal No.18-CMA/14 of 2011.

2. Pertinent facts necessary for the adjudication of this petition are that petitioners-plaintiffs (hereinafter referred to as the “plaintiffs” for convenience sake) have instituted a Civil Suit No.18/1 of 1993 in the court of Sub Judge 1st Class, Nahan for partition of immovable property detailed in the plaint. Preliminary decree was passed on 9.11.1999. Plaintiffs filed an application under order 26 rule 13 read with section 151 of the Code of Civil Procedure for appointment of Local Commissioner in the court of Senior Sub Judge, Nahan. Senior Sub Judge, Nahan vide order dated 26.7.2001 appointed Sh. D.R. Verma, Tehsildar, Nahan and Sh. R.S. Chandel as Local Commissioners for suggesting mode of partition. Report was submitted by the Local Commissioners. No objections were filed against the report of the Local Commissioners. Senior Sub Judge accepted the report vide order dated 13.9.2004 and passed final decree of partition. The plaintiffs filed an appeal before the Addit