mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2879 OF 2010 Gundu Bhau Kunkekar Petitioner versus Kerba Bhau Kunkekar Respondent Prashant S. Bhavake for petitioner. Manoj A. Patil for respondent. CORAM : A.S.OKA, J. DATE : 23rd April 2010 PC : 1. By the impugned order a Court Commissioner in exercise of powers of Rule 9 of Order XXVI of Code of Civil Procedure, 1908 has been appointed for local investigation. The learned counsel for the respondent pointed out that the Commissioner has done the commission work and has submitted his report. In any case, the order is of interlocutory nature with which, at this stage, no interference can be made. The petitioner can always raise an objection to the report of the commissioner. The impugned order can be subjected to challenge in an appeal which may be preferred by the petitioner against the decree passed in the suit if the same be adverse to the petitioner. Subject to what is observed above, no case for interference is made out and the writ petition is rejected. (A.S.OKA, J.)