1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.781 OF 2009 IN NOTICE OF MOTION NO.803 OF 2009 IN SHORT CAUSE SUIT NO.1479 OF 2009 Ravindra Purshottam Manohar Kanade ..Appellant V/s Indira Purshottam Kanade & Anr. ..Respondents ---- Mr. Nivas Kamble i/by A.M.Saraogi for the appellant. Mr. P.N.Karlekar i/by Mr.R.R.Arolkar for the respondents. ---- Coram : R.S.MOHITE,J Date : 17th August, 2009. PC 1 This is an Appeal from Order taken out against an order dismissing a Notice of Motion taken out by the plaintiff for appointment of Court Commissioner. The prayer for appointment of Court Commissioner was made under Order 26 Rule 9 of CPC. Advocate for the respondents states that the said order is not appealable. That being the correct position, the appeal is dismissed as not maintainable. (R.S.MOHITE,J) 2