1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8625 OF 2009 Babu Kathod Mhatre ...Petitioner vs. Smt.Meena Gajanan Patil ...Respondent Mr.Sandesh Patil for the petitioner None for the respondent CORAM :A.S.OKA,J. DATE : JANUARY 4, 2010 P.C. 1 Heard the learned counsel for the petitioner. An application made by the petitioner-plaintiff 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 learned counsel for the petitioner submitted that the application was made at a stage when the application for temporary injunction was pending. He submitted that essentially the dispute between the parties relates to a boundary of the immoveable property and therefore, the appointment of the Court Commissioner was necessary. 2 The impugned order has been passed on an application made at a stage when the application for temporary injunction is being heard. The order impugned is purely interlocutory. After issues are settled, the petitioner can always make a fresh application for appointment of a 2 Survey Officer as a Court Commissioner. If such fresh application is made, the same will be considered by the trial court in accordance with law without being influenced by the impugned order. 4 Subject to what is observed above, writ petition is rejected. JUDGE