1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1167 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Amit Sale for the Petitioner. ­­ CORAM : A.S.OKA, J. DATE : 18th February, 2010. P.C.: . By the impugned order, an application for appointment of Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected. The order impugned is purely of interlocutary nature which is capable of being challenged in an appeal which may be preferred by the Petitioner if the decree passed in the suit be adverse to the Petitioner. 2. Notwithstanding the impugned order, at an appropriate stage if the trial Court is of the view that the local investigation is necessary, the said Court can always exercise the powers under Rule 9 of Order XXVI of the said Code. 2 3. Subject to what is observed above, the Writ Petition is not entertained and the same is rejected. (A.S.OKA, J) ash/