IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 247 of 2010 Date of decision : 14.9.2011 Tek Chand & Ors. …Petitioners Versus Jai Nand Sharma & another …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No. For the petitioners: Mr. Karan Singh Kanwar, Advocate. For respondent No.1: Mr. Satyen Vaidya, , Advocate. For respondents 2: Mr. Vivek Singh Thakur, Addl. AG with Mr. Rajesh Mandhotra, Dy. AG. Deepak Gupta, J. (oral) 1. The report of the Local Commissioner perused. As per this report, the judgment debtors(petitioners herein) have made adequate arrangements for discharge of rain water and sewage etc. emanating from their house. According to the Local Commissioner, he has found that there is some foul water emanating in the property of the plaintiff, but the water is probably not contaminated with sewage because the bacteriological contamination in the water was only 18 MPN and in case it had been contaminated with sewage the bacteriological contamination would have been much higher. 2. According to the Local Commissioner the water which is coming into the patch of the plaintiff’s land probably does not come from the construction of the defendants. Since the source 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 of the foul water is underground he could not definitely state as to from where the foul water is coming. 3. Obviously, these disputed questions cannot be looked into in an execution proceeding. As per the Local Commissioner, the judgment debtors have complied with the judgment and decree passed against them in letter and spirit. Therefore, the petition is allowed and the execution petition is disposed of as having been satisfied. It is, however, clarified that the plaintiff shall be at liberty to establish his allegations in a separate civil suit by leading evidence that the source of foul water emanating in their land is from the land of the defendants. Obviously the parties shall be at liberty to contest the suit on all the grounds that may be available to them. 4. The petition is disposed of in the aforesaid terms. No costs. September 14, 2011 ( Deepak Gupta ) (vt) Judge.