1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3518 OF 2008 Aditya Satish Parakh ...Petitioner vs. Tushar Gajanan Nagre & others ...Respondents Mr.R.S.Apte i/b Mr.A.A.Garge for the petitioner Ms Manjiri Parasnis i/b G.S.Godbole for respondent nos.1 and 2 CORAM :A.S.OKA,J. DATE : AUGUST 20, 2009 P.C. 1 Heard the learned senior counsel for the petitioner. The challenge in this writ petition under Article 227 of the Constitution of India is to the order dated 19 th April 2008 passed by the trial court by which a Court Commissioner was appointed to visit the suit site and to report about the existing situation prevailing at the suit site. Various contentions have been raised. The first contention is that the order is an ex-parte order in the sense that the order was passed without notice to the petitioner. The second submission is that the Commissioner visited the suit premises without notice to the contesting parties. The third submission is that the impugned order is expressly contrary to the Code of Civil Procedure,1908. 2 The order impugned is purely an interlocutory order 2 which is capable of being challenged at appropriate stage. Moreover, the order has been already implemented. The Commissioner has submitted a report to which objection has been raised by the petitioner. The report of the Court Commissioner is never conclusive. The court is bound to consider the objections raised to the report of the Court Commissioner. 3 Subject to what is observed above, writ petition is not entertained and the same is rejected. JUDGE