mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1738 OF 2010 Ramchandra Mahadev Survase and others Petitioners versus Pandurang Maruti Survase (Kasab) and others Respondents G.N.Salunkhe i/by Umesh Kurund for petitioners. CORAM : A.S.OKA, J. DATE : 11th March 2010 PC : 1. By the impugned order, an application made by the petitioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 for appointment of Court Commissioner has been rejected. The impugned order is purely of interlocutory nature which is capable of being challenged in an appeal against the decree passed in the suit in view of section 105 of the said Code. Moreover, if at appropriate stage, if the Trial Court feels that local investigation is necessary, notwithstanding the impugned order, it is always open for the Trial Court to exercise power under Rule 9 of Rule XXVI of the said Code to appoint Court Commissioner. Subject to what is observed above, the writ petition is rejected. (A.S.OKA, J.)