IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 23 OF FEBRUARY, 2026 MISC. PETITION No. 3403 of 2025 DEVKI @ DEVKINANDAN Versus RAM KUMAR AND OTHERS Appearance:

Shri Om Prakash Shrivastava - Advocate for petitioner.

Shri Anmol Khedkar - Advocate for respondents No. 1 to 3.

Shri Dileep Awasthi- Govt. Advocate for respondent No.4- State.

ORDER The petitioner/plaintiff has filed this miscellaneous petition under Article 227 of the Constitution of India challenging the order dated 29th April 2025, passed by Third Civil Judge, Junior Division, Shivpuri, in Regular Civil Suit No.103-A of 2024, whereby the trial court rejected the plaintiff’s application filed under Order 26 Rule 9 of CPC for the appointment of a local commission.

2. The brief facts leading to the present petition are that the petitioner filed a civil suit for permanent injunction against defendants- respondents before the Civil Judge, Karera, concerning agricultural land bearing Survey Nos.426 and 427, situated in Village Amolpatha, District Shivpuri. The defendants filed a joint written statement denying the plaint averments and prayed for dismissal of the suit. During the pendency