1 Wp no.4380/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4380 of 2010 Baby Krishna Shetty ... Petitioner versus Vijay S. Mallya ... Respondent ... Mr. Bhavesh Parmar i/b Sandhya A. Mailagir and Mr.Devmani Shukla for the petitioner. Mr. P.S.Dani for the respondent. CORAM : D.G. KARNIK, J. DATED : 23rd July 2010 P.C. 1. By this petition, the petitioner challenges the order passed by the Appellate Bench of the Small Causes Court on 6 January 2010 rejecting the petitioner’s appeal against the order of appointment of Court Commissioner. By an order dated 27 February 2009, the trial Court (Single Bench of the Small Causes Court) on a plaintiffs application granted a relief of injunction against the respondent and also appointed a Court Commissioner. The petitioner challenged the order of grant of injunction as well as appointment of Court Commissioner by filing an appeal against the said order. Undoubtedly, the order granting injunction is appealable under Order 43 Rule 1(r) of the Code of Civil 2 Wp no.4380/10 Procedure. However, no appeal lies against an order appointing the Court Commissioner. The petitioner therefore could not have challenged the order of appointment of Court Commissioner by filing an appeal. 2. The lower appellate court therefore could not have entertained the appeal against the order of Court Commissioner. Dismissal of an appeal against the order of Court Commissioner, though it has been dismissed on merits, must be upheld in view of the fact that appeal itself was not maintainable. Consequently, writ petition is rejected. (D.G. KARNIK,J.)