KBP 8526-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8526 OF 2009 (Ratan Vs. Collector, Nashik) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.H.E.Palve, for petitioners. Mr.A.P.Vanarase, AGP for respondent State. CORAM : A.S.OKA, J. DATE : 12 th October, 2009 P.C. Heard learned counsel for the petitioners. The order impugned is purely an interlocutory order as an application made for appointment of Court Commissioner under Rule 9 Order 26 of the Code of Civil Procedure, 1908 has been rejected. The said order is capable of being challenged in an appeal which may be preferred by the petitioner against the decree passed in the suit. Notwithstanding the impugned order, if the trial court deems that the appointment of the court commissioner is necessary, at any stage of the proceedings the trial court can always appoint the court commissioner for the purpose of local investigation. 2] Subject to what is observed above, the writ petition is not entertained and the same is rejected. [A.S.OKA, J.]