KBP 6891-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6891 OF 2009 (Anant Vs. Subhash) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.M.M.Kadam, for petitioner Ms.Sharmila Deshmukh, for respondent nos.1 to 5. CORAM : A.S.OKA, J. DATE : 23 rd September, 2009 P.C. Heard learned counsel for the petitioner. 2] By this petition under Article 227 of the Constitution of India, a challenge is made to the order of appointment of the Court Commissioner under Rule 9 of the Order 26 of the Code of Civil Procedure, 1908. The said order is purely interlocutory in nature. The report of the Court Commissioner is not conclusive. The petitioner can always raise objection to the Court Commissioner’s report and can apply to the trial court for grant of permission to cross-examine the Court Commissioner. 3] Subject to what is observed above, the writ petition is rejected. [A.S.OKA, J.]