1 wp7074.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.7074 OF 2010 1 Vijayalaxmi Narsinh Vale & Anr. ...Petitioners vs. Vasudev Ramchandra Joshi ...Respondent Mr.Sanjay Jain i/b Mr.Zohair & Co. for the petitioners None for the respondent CORAM :A.S.OKA,J. DATE : OCTOBER 18, 2010 P.C.: 1 Heard the learned counsel for the petitioners. By the impugned order, an application made for appointment of the Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure,1908 has been rejected by the Trial Court. The order is purely interlocutory in nature which is capable of being challenged in the appeal which may be preferred by the petitioners against the decree passed in the suit, if the same be adverse to the petitioners. 2 Moreover, at appropriate stage, the petitioners can always file a fresh application for appointment of the Court Commissioner. If such application is made, it is bound to be decided in accordance with law. 3 Subject to what is observed above, writ petition is rejected. JUDGE