1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.4869 OF 2008 Dadaso Bhupal Patil & Ors. .. Petitioners Versus Vilas Shivmurti Phalle & Ors. .. Respondents Mr.P.D.Pise for the petitioners. Mr.P.M.Arjunwadkar for the respondents. CORAM : A.S.OKA, J. DATE : 17th August 2009. P.C.: . By the impugned order, an application made by the petitioners under Rule 9 of Order XXVI of the Code of Civil Procedure, 1908 has been rejected. The cross-examination of the witness of the plaintiffs is in progress. The order impugned is of purely interlocutory nature which is capable of being challenged in an appeal which may be preferred against the decree. Moreover, if the trial Court deems it necessary, at any stage, the said Court can always exercise powers under Rule 9 of Order XXVI of the said Code. Subject to what is observed above, writ petition is not entertained and the same is disposed of. (A.S.OKA,J)