1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9473 OF 2009 Prakash Vishwanath Pomane .. Petitioner versus Vasant Vishwanath Pomane & Anr. .. Respondents Mr.Rupesh Zade h/f Mr.Rahul S. Kate for the petitioner. CORAM : A.S.OKA, J. DATE : 3rd March 2010. P.C.: . Heard learned counsel appearing for the petitioner-original plaintiff. An application made by the petitioner for appointment of the Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected by the impugned order. Apart from the fact that the order is purely interlocutory in nature, the trial Court has observed that the petitioner-plaintiff can always get the lands measured through the Taluka Inspector of Land Records. The order is capable of being challenged in an appeal which may be preferred by the petitioner against the decree passed in the suit if the same be adverse to the petitioner. Moreover, notwithstanding the impugned order, if at the time of final hearing of the suit if the trial Court is of the opinion that local investigation is necessary, the impugned order will not prevent the trial Court from exercising power of appointing Court Commissioner either under Rule 7 of Order XXXIX of the said Code. Subject to what is observed above, writ petition is rejected. (A.S.OKA,J)