KBP 4334-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4334 OF 2009 Kolhapur Sheti Utpanna Bazar Samiti ..Petitioner Vs. State of Maharashtra and anr. ..Respondents ......... Mr.S.S.Patwardhan, for petitioner. Mr.S.N.Patil, AGP for respondent no.1. Mr.M.R.Katikar, for respondent no.2. ......... CORAM : A.S.OKA, J.. DATE : 9 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner, learned A.G.P. for first respondent and learned counsel for the second respondent. 2] By the impugned order an application for appointment of Court Commissioner made by the petitioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected. The said order is purely interlocutery in nature which is capable of being challenged in an appeal which may be preferred by the petitioner, if the decree passed in the suit be adverse to the petitioner. 3] Apart from this, the petitioner can always apply to the appropriate Survey Officer under the Maharashtra Land Revenue Code for carrying out survey and to lead the evidence by producing the report and map of survey. If at an appropriate stage, the trial court deems the appointment of Court Commissioner for local investigation necessary, the trial court can always do so notwithstanding the rejection of the application made by the petitioner. KBP 4334-09.sxw 2 4] Subject to what is observed above, the Writ Petition is rejected by keeping the contentions of the petitioner open. ( A.S.OKA, J. )