1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7595 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Vijay Killedar for the petitioner. Mr.P.M.Arjunwadkar for the respondents. CORAM : ANOOP V. MOHTA, J. DATED : 20.11.2008 P.C. The petitioner has challenged the impugned order whereby the court has rejected his application under Order 26, Rule 9 of Civil Procedure Code as the same was moved at the stage of final argument and the subject matter of the suit block is 235 and not 240. The petitioner wants the appointment of commissioner with respect to block no.240. These facts were well within the knowledge at the relevant time after the defence as raised by 2 the defendant. Taking all this into account, there is no reason to interfere with the interlocutory order passed by the courts below. The petition is dismissed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]