1. Heard on the question of admission.

2. The petitioners/defendants have filed the present petition being aggrieved by the order dated 16.2.2018 by which application filed by the plaintiff under Order 26 rule 9 of the CPC filed by the plaintiff has been allowed by the learned civil Court.

3. The plaintiff/respondent No. 1 filed the Civil Suit No. 264-A/2004 against mother, brother and sister for the relief of permanent injunction of 6.11.2004. Thereafter, the plaintiff filed another suit under section 307 (5) of M.P. Municipal Corporation Act, seeking removal of the illegal construction raised by defendants No. 2 to 4/present petitioners. During pendency of the plaint on 19.8.2009, the plaintiff moved an application under Order 26 rule 9 of the CPC for appointment of commission to make a local investigation. The defendants opposed the said application and vide order dated 15.12.2009, the learned trial Court has dismissed the application. Thereafter, suit proceeded and after framing of the issues plaintiff and defendants examined their witnesses and thereafter the case was fixed for final argument on 12.10.2017. On the date, the plaintiff again an application under Order 26 rule