mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6854 OF 2008 Dattu Parsharam Jadhav and others Petitioners versus Shivram Bhika Salunke and others Respondents Tushar Sonawanne for petitioners. CORAM : A.S.OKA, J. DATE : 24th July 2009 PC :- 1. By this petition under Article 227 of the Constitution of India the challenge by the original defendants is to an order of appointing the Court Commissioner for local inspection in accordance with Rule 9 of Order XXVI of the Code of Civil Procedure, 1908. The learned counsel for the petitioner relying upon various decisions of this Court submits that the Court Commissioner cannot be appointed for collecting the evidence. 2. The order impugned of appointing a Court Commissioner is purely an interlocutory order which does not affect the rights of the petitioner. Moreover, the order is capable of being challenged while challenging the final decree in the suit, if the same be adverse to the petitioners. It is always open for the petitioners to file objections to the report of the Court Commissioner and even to call the Commissioner for cross examination. Subject to what is observed above, the writ petition is rejected. (A.S.OKA, J.)