1 W.P.No.2222_2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.2222 OF 2011 Office Notes, Office Memorandum of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Shri Mohan Dhamal, for the Petitioner. CORAM : A.S.OKA, J. DATE : 24th November, 2011. P.C. 1. Heard learned counsel appearing for the Petitioner. In a pending appeal, the District Court has appointed a Court Commissioner to visit a building in presence of both the parties, to measure the area of the accommodation occupied by the Petitioner, his wife and his brother and to make note regarding condition of the building. The Commissioner has also been directed to prepare a sketch. The learned counsel appearing for the Petitioner submitted that by appointment of Commissioner an attempt is made by the respondent to collect the evidence. He submits that an 2 W.P.No.2222_2011 appointment of Court Commissioner under Rule 9 Order XXVI of Code of Civil Procedure cannot be made for collecting evidence. A reliance placed in the case of Sanjay S/o. Namdeo Khandare V/s. Sahebrao S/o. Kachru Khandare & Ors. Reported in 2001(1) ALL MR 653. He submitted that impugned order is illegal. 2. The Petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India. The power of this Court under Article 227 is of superintendence to ensure that the Courts subordinate to this Court act within their bounds. It is, therefore, not necessary for this Court to interfere with every order passed by the Courts below, on the ground that the same is illegal. 3. Impugned order is purely an interlocutory order. The impugned order will not cause any prejudice to the Petitioner. Moreover the Petitioner can always object to the report of the 3 W.P.No.2222_2011 Commissioner and can seek cross examination of the Commissioner. 4. This is not a case where this Court should exercise jurisdiction under Article 227 of the Constitution of India. Subject to what is observed the Writ Petition is rejected. [ A.S.OKA, J ]