KBP 6379-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6379 OF 2009 Madhukar Adinath Jirge ..Petitioner Vs. Sudhakar Adinath Jirge and anr. . ..Respondents ......... Mr.Rahul Kulkarni, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 31 th August, 2009. P.C. : 1] Heard learned counsel for the petitioner. 2] By the impugned order, an application made by the petitioner for appointment of the Court Commissioner for local inspection under Rule 9 Order XXVI of the Code of Civil Procedure, 1908 has been rejected. The said order is purely interlocutory in nature which is capable of being challenged in an appeal which may be preferred by the petitioner against the decree passed in the suit. In view of this position, no interference is called for at this stage. 3] Subject to what is observed above, the writ petition is rejected. 4] The pending application under Order XXXIX Rule 1 and 2 of the Civil Procedure Code, 1908 shall be decided as expeditiously as possible and preferably within a period of three months from today. ( A.S.OKA, J. )