1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3590 OF 2009 Shri. Arjun Narayan Ingale and Ors .. Petitioners Vs Shri. Bapusaheb Sadashiv Shivale & Ors .. Respondents V.P. Sawant for the petitioners S.V. Sadavarte for the respondents CORAM : A.S. OKA, J DATE : 28th JULY, 2009 P.C.: 1. By this writ petition under Article 227 of the Constitution of India, the petitioners have taken an exception to the order passed by the trial court by which pending the final disposal of a suit, a survey officer has been appointed as Court Commissioner for the purposes of carrying out measurements of the suit property. This order has been passed in exercise of powers under Rule 9 of Order XXVI of Code of Civil Procedure, 1908. The order is purely interlocutory. The order is capable of being challenged in an appeal which may be preferred by Rma wp3590-09.sxw 2 the petitioner against the decree passed in the suit, if the same be adverse to the petitioner. 2. Moreover, the report of the Court Commissioner is never conclusive in the sense that the petitioners can always file objections to the report to the Court Commissioner. The petitioners can always apply for cross-examining the Court Commissioner. 3. Subject to what is observed above, writ petition is not entertained and the same is disposed of by keeping all questions on merits open. JUDGE Rma wp3590-09.sxw 3 Rma wp3590-09.sxw