1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6877 OF 2008 Pandurang Kondiba Avhale & Ors. .... Petitioners Vs. Udhav Mahadevo Kharabe .... Respondent Mr. A. B. Avhad for the Petitioners. Mr. Ajit Salvi i/b. Sagar Bhandwalkar for Respondent Nos. 1(A) to 1(D). CORAM : A.S. OKA, J. DATE : MAY 6, 2010 P.C. : By the impugned, the order prayer made by the Petitioners for appointment of Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected. 2. The impugned order is interlocutory in nature, which is capable of being challenged in an Appeal which may be preferred by the Petitioners against the decree if the same be 2 adverse to the Petitioner. The impugned order will not preclude the Petitioners from applying under the Maharashtra Land Revenue Code, 1966 for carrying out the survey through a survey officer. The Petitioners can alway rely upon such survey by producing and proving the same. 3. Subject to what is observed above, no case is made out for interference. Hence, the Writ Petition is dismissed. [A.S. OKA, J.]