1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.152 OF 2010 IN NOTICE OF MOTION NO. 25 OF 2008 IN SUIT NO. 36 OF 1984 IN TESTAMENTARY PETITION NO. 449 OF 1984 Sharad Chandrarao Sawant ).. Appellant Versus Vijay Parkash Chandrarao and others ).. Respondents Mr. Tejas Dande for the Appellant. Mr. S.U. Kamdar, Senior Advocate, wirh Mr. Rishab Shah, Mr.Rajeev Bhatia, Mr.Shreyas Mehta i/b Apex Consillis for Respondent No.1. CORAM : ANIL R. DAVE, C.J. AND S.C. DHARMADHIKARI, J. DATED : 19TH APRIL 2010 P.C. Being aggrieved by an order dated 23rd February 2010 passed in NMT 25/2010 in Testamentary Suit No.36 of 1984 in Testamentary Petition No.449 of 1984, this Appeal has been filed. 2. By virtue of the impugned order, the learned Single Judge has permitted Shri Ashok Nadkarni to be examined by the Commissioner. In our opinion, this Appeal is not maintainable. Apart from the fact that there cannot be such an objection, the Appeal is not maintainable as the same is 2 filed against an interim order, which is not going to harm anyone as the impugned order merely permits examination of a sick witness by the Court Commissioner. In view of this, the appeal is dismissed. 3. We are sure that the Commissioner will do the needful at the earliest to examine the concerned witness. CHIEF JUSTICE S.C. DHARMADHIKARI, J.