1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.2833 OF 2009 Uttam Yashwant Rupnavar .. Petitioner Versus Dhanaji Narayan Kulal .. Respondent Mr.Vishwanath Talkute for the petitioner. Mr.K.B.Sonwalkar for the respondent. CORAM : A.S.OKA, J. DATE : 4th August 2009. P.C.: . Heard the learned counsel appearing for the petitioner. The challenge in this writ petition under Article 227 of the Constitution of India is to an order dated 11th February 2009 passed by the trial Court by which the Court Commissioner has been appointed for local inspection in exercise of powers under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908. Apart from the fact that the order is interlocutory which is capable of being challenged in an substantive appeal which may be preferred against the decree, the report of the Court Commissioner is never conclusive though it becomes evidence in the 2 suit. The petitioner can always file written objections to the report of the Court Commissioner and the petitioner can also apply for cross-examining the Court Commissioner. Subject to what is observed above, writ petition is not entertained and same is disposed of by keeping all questions open. (A.S.OKA,J)