-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4188 OF 2003 NO.4188 OF 2003 NO.4188 OF 2003 Dattu Vithu Shembade ... Petitioner v/s Vijaykumar D. Salunkhe and ors. ... Respondents Mr Jahagirdar i/b Mr V.B. Rajure for Petitioner. Mr T.S. Ingale for Respondent Nos.1 to 19. CORAM : D.K. DESHMUKH J. DATE : 20TH JULY 2005. -2- P.C. :- 1. An order of appointing Commissioner is an order of interlocutory nature, capable of being challenged with the order that may be passed in the suit. If the report of the Commissioner is not binding on the parties, they are entitled to challenge the same. I do not find any substance in the petition. It is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Personal Secretary of this Court as true copy. . Certified copy expedited. --------------------