IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 6 OF FEBRUARY, 2026 MISC. PETITION No. 516 of 2026 PRABHAT SHRIVASTAVA AND OTHERS Versus PRABHU LAL RATHOD AND OTHERS Appearance:

Shri Prabhat K Shrivastava - Petitioner in Person.

ORDER The present Petition has been filed challenging the Order passed by the Trial Court whereby the Trial Court has rejected the application of the Petitioners/Plaintiffs under Order 26 Rule 9 of the C.P.C. for appointment of Local Commissioner.

2. The suit has been filed by the Petitioners in the matter of some drain constructed by the defendants which is leading to nuisance to the Plaintiffs. It is the case of Plaintiffs that the position of the drain has been changed and the defendants have closed the drains leading to water logging in the house of the Plaintiffs.

3. The Plaintiff had earlier filed an application for appointment of Local Commissioner which was rejected on 27.07.2023 on the ground that the application seeks to appoint Local Commissioner to examine that whether there is any septic tank and whether there are any old marks of any previous drain which have been closed or there is any underground dr