IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 26 OF NOVEMBER, 2024 MISC. PETITION No. 2812 of 2022 PADAM KUMAR GARGS AND OTHERS Versus PREMNARAYAN SHARMA AND OTHERS Appearance:

Shri Mradul Gahoi - advocate for the petitioner.

Shri Kamal Mangal - learned counsel for the respondent [R-6].

ORDER With the consent of the parties, the matter is finally heard at the motion stage.

The present petition has been preferred by the petitioner under Article

227 of the Constitution of India being aggrieved by the order dated 20.06.2022 passed by XII Civil Judge (Sr.Division), Gwalior in Civil Suit No.23A of 2013 whereby, the application filed by the petitioner under Order 26 Rule 9 of CPC read with Section 151 of CPC for appointment of Commissioner, has been rejected.

Learned counsel for the petitioner submits that the petitioner/plaintiff has filed a suit for declaration and permanent injunction against respondent No.1. Earlier demarcation has been made but on the objection being made by the defendant/respondent, the demarcation report has been rejected vide order dated 08.02.2017. The petitioner and defendant No.6 in their cross-

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