KBP 6838-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6838 OF 2009 Smt.Vimladvi Diwakar Mishra ..Petitioner Vs. Hiren Mistry ..Respondent ......... Mr.Rajesh Singh i/b.Mr.S.K.Dubey, for petitioner. Mr.V.K.Nair, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 10 th August, 2009. P.C. : 1] Non on board. Taken on board. 2] The order impugned is purely of interlocutory nature. By the impugned order, the trial court has appointed the Court Commissioner in exercise of power under Rule 9 Order XXVI of the Code of Civil Procedure, 1908 for local inspection. The order is capable of being challenged in an appeal which may be preferred by the petitioner against the decree which may be passed in the suit. Moreover, the report of the Court Commissioner is never conclusive. The petitioner can always file objection to the Court Commissioner's report and can apply for permission to cross-examine the Court Commissioner. 3] Subject to what is observed above, writ petition is rejected. ( A.S.OKA, J. )