1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10425 OF 2009 Namdeo Shankar Hol through his power of attorney holder Rajendra Namdeo Hol and others ...Petitioners vs. Sanjay Nivrutti Hol & others ...Respondents WITH WRIT PETITION NO.10426 OF 2009 Namdeo Shankar Hol through his power of attorney holder Rajendra Namdeo Hol and others ...Petitioners vs. Yashwant Malhari Hol & others ...Respondents Mr.Vishwanath Talkute for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : MARCH 30, 2010 P.C.: 1 By the impugned orders, the applications for appointment of the Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure,1908 (hereinafter referred to as the said Code) have been rejected. Impugned orders have been passed at a stage when the applications for interim relief are pending. Apart from the fact that the impugned orders are purely interlocutory in nature, at a later stage the petitioners can always apply for appointment of the Court Commissioner. If a case is made out, the Court is bound to consider the said application on its own merits without being influenced by the impugned orders. Apart 2 from this, if at any stage, the Court is of the view that the local investigation is necessary, notwithstanding the impugned orders, the Court can always exercise its power under Rule 9 of Order XXVI of the said Code. 2 Subject to what is observed above, writ petitions are rejected. JUDGE