1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.185 OF 2010 Mohan Hirachand Shah ...Petitioner vs. Mrs.Urmila Darab Talyarkhan & Anr. ...Respondents Mr.Nitin G. Thakkar, Sr.Advocate with Mr.G.C.Mohanty i/b Kirit Damania & Co. for the petitioner CORAM :A.S.OKA,J. DATE : JANUARY 15, 2010 P.C. 1 Heard the learned senior counsel for the petitioners. By this Petition under Article 227 of the Constitution of India, the petitioners have challenged the order by which a Survey Officer under Maharashtra Land Revenue Code, 1966 has been appointed as a Court Commissioner for local investigation in accordance with Rule 9 of Order 26 of the Code of Civil Procedure,1908. Apart from the fact that the order is purely interlocutory, the report of the Court Commissioner is never conclusive. The petitioners can always file an objection to the report of the Court Commissioner which is bound to be considered by the trial Court in accordance with law. The petitioners can also pray for examining the Court Commissioner on oath. No case is made out for interference. Subject to what is observed above, Writ Petition is rejected. JUDGE