1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5491 OF 2009 Jaysingh Yashwant Waghmode & Anr. .. Petitioners Versus Dnyanu Balu Waghmode & Ors. .. Respondents Mr.Amit Sale for the petitioners. CORAM : A.S.OKA, J. DATE : 23rd July 2009. P.C.: . By this writ petition under Article 227 of the Constitution of India, the challenge is to an order passed by the trial Court by which prayer made by the petitioner for appointment of Court Commissioner for local inspection has been rejected. The order is purely an interlocutory order which is capable of being challenged in substantive appeal which may be preferred against the decree. 2. As of today even evidence has not been adduced. After evidence is adduced, if a case is made out requiring a local inspection under Order 2 XXVI of the Code of Civil Procedure, 1908, the learned Judge can always appoint a Commissioner for local inspection. Subject to what is observed above, writ petition is rejected. (A.S.OKA,J)