1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9222 OF 2009 Ravaso Persia Danole & Ors. .. Petitioners versus Devappa Annappa Magdum & Ors. .. Respondents Mr.H.S.Venegaonkar i/by Ashok Purohit & Co for the petitioners. CORAM : A.S.OKA, J. DATE : 6th January 2010. P.C: . Heard learned counsel appearing for the petitioners. By this writ petition under Article 227 of the Constitution of India, the petitioners who are the defendants have challenged an order passed by the trial Court by which application for appointment of Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected. The order is purely interlocutory which is capable of being challenged in an appeal which may be preferred by the petitioners against the decree passed in the suit if the same be adverse to them. 2. The suit is filed by the respondents-plaintiffs for removal of encroachment. It is needless to say that the respondents-plaintiffs will have to prove their case of encroachment by adducing appropriate evidence. 3. Subject to what is observed above, writ petition is not entertained and the same is rejected. (A.S.OKA,J)