KBP 5616-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5616 OF 2009 Pravin Nanalal Shah ..Petitioner Vs. Rajesh S.Sharma ..Respondent WITH WRIT PETITION NO.5617 OF 2009 Pravin Nanalal Shah ..Petitioner Vs. Rajiv Durgadas Sarin and anr. ..Respondents WITH WRIT PETITION NO.5618 OF 2009 Pravin Nanalal Shah ..Petitioner Vs. H.Sinchyu Chen and anr. ..Respondents WITH WRIT PETITION NO.5622 OF 2009 Pravin Nanalal Shah ..Petitioner Vs. Vipunkumar Devandar Gandhok and anr. ..Respondents WITH WRIT PETITION NO.5623 OF 2009 Pravin Nanalal Shah ..Petitioner Vs. Mukesh Thokarshi Dand and anr. ..Respondents WITH WRIT PETITION NO.5624 OF 2009 Pravin Nanalal Shah ..Petitioner Vs. Yudhishtir Kumar Kalra and anr. ..Respondents KBP 5616-09.sxw 2 ......... Ms.Anvee Mehta along with Ms.Sanchari Nandi i/b.M/s.Yousuf and Associates, for petitioners. Mr.A.Y.Bookwala, Sr.Counsel i/b. M/s.Ashok Purohit and co., for respondents. ......... CORAM : A.S.OKA, J.. DATE : 18 th August, 2009. P.C. : 1] Heard learned counsel for the parties. By these writ petitions under Article 227 of the Constitution of India, the petitioner plaintiff has taken an exception to the order of the trial court by which an application for appointment of Court Commissioner for local inspection under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected. The impugned order is purely interlocutory in nature which can be challenged in an appeal which may be preferred against the decree passed in the suit. Apart from this, Clause 4 of the impugned order gives a liberty to the petitioner to apply for appointment of Court Commissioner for carrying out survey and measurement of both the properties. It is always open for the petitioner to make such an application and if such an application is made, the court is bound to consider the same in accordance with the law. 2] Subject to what is observed above, the writ petitions are not entertained and the same are rejected. ( A.S.OKA, J. )