... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1229 OF 2007 PETITION NO.1229 OF 2007 PETITION NO.1229 OF 2007 .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri C.S.Joshi for the Petitioner. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : APRIL 12, 2007. : APRIL 12, 2007. : APRIL 12, 2007. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the Petitioner. By the order impugned in this Petition under Article 227 of the Constitution of India, the challenge is to the order passed by the Appellate Court by which an Application for appointment of Court Commissioner made by the Petitioner has been rejected. 2. The Application for appointment of Court Commissioner has been rejected in an Appeal preferred by the Petitioner against an interim order passed in the suit. The appeal has been preferred under Order XLIII of the Code of Civil Procedure, 1908. ... 2 ... 3. Apart from the fact that the order impugned is purely an interlocutory order, in the pending suit, the Petitioner can always file an Application for appointment of a survey officer under the Maharashtra Land Revenue Code, 1966 as the Court Commissioner. If such Application is made at appropriate stage of the suit, the trial Court is bound to consider the same in accordance with law without being influenced by the order impugned. 4. Subject to what is stated above, no case is made out for interference. Writ Petition is rejected. JUDGE JUDGE JUDGE