1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.789 OF 2009 Balkrishna Bhika Wani ..Petitioner -VERSUS- Vanji Eknath Wani. ..Respondent ... Mr.Rajendra Deshmukh, Advocate for petitioner. Mr.Anand Bhandari holding for Mr.S.V. Gangapurwala, Advocate for respondent. ... (CORAM : R.M.BORDE,J.) DATE : 8th December, 2009. PER COURT : 1. The interlocutory order in respect of refusal of request made by the petitioner in respect of making appointment of Commissioner came to be turned down by the trial Court. It is disclosed by the party appearing before me that, recording of evidence in the suit is yet to commence. Considering the interlocutory nature of order passed by the Trial Court, in exercise of powers conferred under Article 227 of the Constitution of India, no interference is called for at this stage. The parties to the litigation, if they 2 desire, may, at an appropriate stage, after completion of recording of evidence before Trial Court, tender suitable application making prayer for appointment of Commissioner for local investigation and if such request is made, the Court may consider it on its own merits and in accordance with law. At this stage, no interference is called for in this Petition and same is rejected. (R.M.BORDE) JUDGE GAS/wp789.09