1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9083 OF 2010 Ramrao s/o Shankarrao Londhe ... PETITIONER VERSUS Atmaram s/o Sambhaji Londhe & ors. ... RESPONDENTS ..... Shri S.K.Chavan, Advocate for the petitioner ..... CORAM : R.M. BORDE, J. DATE : 4th October, 2010 PER COURT : 1. Heard. An order passed by the Civil Judge, Junior Division, Aundha-N, on 14.9.2010 below Exh.16 in Regular Civil Suit No.223/2008 is subjected to challenge in this writ petition. The trial Court, considering the application tendered by the defendant, has directed appointment of Court Commissioner to report to the Court as to whether there exists a road in the disputed lands Gat No.472, 483, 474 and 456. It is contended that the order passed by the trial Court is beyond the ambit of provisions of Rule 7 of Order 39 of the Code of Civil Procedure. In fact it is an attempt to protract the litigation. On perusal of the application, it is evident that the order is passed only to report the situation as is existing in respect of existence of the way and, therefore, can be said to be within the fourcorners of Rule 7 of 2 Order 39 of the Code of Civil Procedure. Considering the interlocutory nature of the proceedings, no interference is called for in exercise of jurisdiction under Article 227 of the Constitution of India. Petition is devoid of any merits. Hence it is dismissed. R.M. BORDE JUDGE fmp/wp9083.10