KBP 3922-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3922 OF 2009 Mangilal Motilal Mehtal ..Petitioner Vs. Radheshyam Vishwambhar Natani ..Respondent ......... Mr.Deepa Ahuja, for petitioner. Mr.M.M.Sathye, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 10 th August, 2009. P.C. : 1] By this writ petition under Article 227 of the Constitution of India, the original plaintiff has taken an exception to the order of the trial court by which, the Court Commissioner has been appointed for local inspection in exercise of powers under Rule 9 Order XXVI of the Code of Civil Procedure, 1908. The order is of interlocutory nature which is capable of being challenged in an appeal which may be preferred by the petitioner against the decree passed in suit if it be adverse to him. Moreover, it is always open to the petitioner to file objections to the report of the Court Commissioner and to apply for permission to cross-examine the Court Commissioner. 2] Subject to what is observed above, writ petition is rejected. ( A.S.OKA, J. )