1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2336 OF 2010 Suryakant Ananta Rayte & others ...Petitioners vs. Arjun Vitthal Khomne @ Ramoshi and others ...Respondents Ms Manjiri Parasnis for the petitioners None for the respondents CORAM :A.S.OKA,J. DATE : MARCH 30, 2010 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are the original defendants. At the instance of the original plaintiff, by the impugned order, the learned trial Judge has appointed an Advocate as a Court Commissioner for making local investigation in accordance with Rule 9 of Order XXVI of the Code of Civil Procedure, 1908. Apart from the fact that the order is interlocutory in nature, the report of the Court Commissioner is never conclusive in the sense that the parties to the suit can always file written objections to the report and can also apply for cross examining the Court Commissioner. Therefore, no interference is called for at this stage in writ jurisdiction under Article 227 of Constitution of India. 2 Subject to what is observed above, Petition is rejected. JUDGE 2