O R D E R

By way of this petition filed under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“It is, therefore, most humbly and respectfully, prayed that this petition may kindly be allowed and the impugned order dated 03.12.2021, Annexure P-6, passed by Learned Civil Judge, (Court No. 5), Shimla, District Shimla, H.P. in C.M.A. No. 1519 of 2021, in Civil Suit No. 170/1 of 2014, titled as Pyar Singh Vs. Shri Achru Ram, whereby the application under Order 26, Rule 9 read with Section 151 of the Civil Procedure Code for the appointment of the Local Commissioner filed by the petitioner/plaintiff, stand dismissed, may very kindly be quashed and set aside and the abovestated application, as filed by the petitioner/plaintiff, may very kindly be allowed in the interest of laws and justice.”

2. Brief facts necessary for the adjudication of the present petitioner are as under:-

The petitioner/plaintiff (hereinafter to be referred as ‘the plaintiff’ for the sake of convenience) filed a suit for permanent prohibitory injunction for restraining the defendant and his family members from carrying out any construction activity and interfering with the