SRJ wp-2276-10.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2276 OF 2010 Shri Mukund F. Picha .. Petitioner V/s. Shri Shrichand F. Picha & Others .. Respondents. Mr. M. J. Jamdar, for Petitioner. CORAM : A.S.OKA, J. DATE : 29th MARCH,2010. P.C. : 1] Heard Learned Counsel appearing for the Petitioner. By this Writ Petition under article 226 of Constitution of India, the challenge is to the order dated 1 st December, 2009 passed in final decree proceedings. An order has been passed by the Trial Court on 20 th July, 2006 appointing Court Commissioner with the direction to take certain information from the judgment debtors and other concerned officers. An application was made by the Petitioner for review of the said order. Another application was made by the Petitioner for issuing witness summons to show that the appointment of Court Commissioner is not necessary. By the impugned order, both the applications have been rejected. Impugned order is capable of being challenged in appeal which may be SRJ wp-2276-10.sxw 2 preferred by the Petitioner against final decree passed in the pending proceedings, if the same be adversed to the Petitioner. 2] Moreover, the Petitioner can raise an objection to the report of the Court Commissioner on the ground that the report of the Court Commissioner is irrelevant. By the impugned order, the objections of the Petitioner to the maintainability of the final decree application have not been decided. 3] Subject to what is observed above, no case is made out for interference. Writ Petition is rejected. (A.S.OKA, J. ) SRJ wp-2276-10.sxw 3