KBP 8006.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8006 OF 2009 Aniksh R. Ghatge and ors. ..Petitioners Vs. Balkrishna L. Sukali and ors. ..Respondents ......... Mr.S.A.Sawant, for petitioners. ......... CORAM : A.S.OKA, J.. DATE : 15 th SEPTEMBER, 2009. P.C. : 1] Not on board. Taken on board. 2] Heard learned counsel for the petitioners. 3] By this Writ Petition under Article 227 of the Constitution of India the petitioners have challenged an interlocutory order by which a Survey Officer has been appointed as the Court Commissioner under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908. 4] The impugned order is purely interlocutory in nature which is capable of being challenged in an Appeal which may be preferred by the petitioners against the decree passed in the suit. Moreover, the report of the Court Commissioner is never conclusive and the parties are entitled to submit objections to the report. The parties are also entitled to apply for permission to cross­examine the Court Commissioner. 5] Subject to what is observed above, the Writ Petition is dismissed by keeping the contentions of the parties open. ( A.S.OKA, J. )