:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 5399 OF 2008 PETITION NO. 5399 OF 2008 PETITION NO. 5399 OF 2008 Dr. Shubhangi Madhavrao Ambre. ... Petitioner. V/s. M/s. H.A. Lele, Promoters & Developers Through its proprietor Mr. Hemant Arwind Lele. ... Respondent. Mr. A.B. Avhad for the Petitioner. Mr. Mandar Limaye for the Respondent. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 21ST 21ST 21ST APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . The Petitioner challenges the order appointing a Court Commissioner. There are cross suits and it appears that the Commissioner is appointed in both Suits. 2. In the Suit filed by the Respondent, a Commissioner was appointed. Aggrieved by that, the Petitioner filed the Review Application. That Review Application is also dismissed. One Commissioner has completed the work in one Suit and in another Suit the Commissioner, who has been appointed, has completed his assignment partly. In my view, interest of justice would be subserved if it is directed that the reports of the Commissioner in both Suits together with objections of the parties are on record and they are permitted to cross examine the :2: Commissioners. The Trial Court is directed to adopt this course before it decides to rely on the Reports of the Commissioner. It would be open for the Petitioner to raise appropriate pleas after the Commissioner is examined and it is not as if merely because a Commissioner is appointed as he has submitted the report, that the Court below is obliged to accept the same. All objections and contentions of both sides are kept open. The order under challenge is interlocutory. There is no reason to interfere. The Petition is dismissed. No costs. Ad-interim order stands vacated. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)