1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2454 OF 2009 Rakesh s/o Ramesh Garje .. PETITIONER VERSUS Sampat s/o Eknath Khalate & another .. RESPONDENTS Mr. S.V. Natu, Advocate for the petitioner. Mr. L.B. Palod, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 10 th November, 2009 PER COURT : 1 Interlocutory order passed by the court during the pendency of suit refusing the request made by the petitioner seeking appointment of the Court Commissioner has been turned down by the trial court in view of the order passed on 17-1-2009, is challenged in this petition. It is stated that the suit is at the stage of recording of evidence. Trial court was of the opinion that at that stage of the proceeding, appointment of the Court Commissioner was not warranted. The parties may lead their evidence and after recording of the evidence if still any of the parties find necessity to 2 make request to the court for inspection of the suit property by making appointment of the Court Commissioner, the parties have liberty to tender such an application and make appropriate request to the trial court at appropriate stage. If such an request is made, trial court may consider it in accordance with law and taking into consideration all relevant aspects. Considering the interlocutory nature of the order, interference in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India is not warranted. Writ petition therefore stands rejected. ( R. M. BORDE, J.) dyb/office/wp2454.09.odt