1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1355 OF 2009 Sachin D. Naikwade & Others ..Petitioners versus Devidas A. Waghmare & Ors. ..Respondents Mr.Ashutosh M. Kulkarni for the petitioner Mr. A.B.Borkar i/b.V.V.Purwant for the respondents CORAM : A.S.OKA, J. DATE : 30th JULY, 2009. P.C: 1. By this Writ Petition under Article 227 of the Constitution of India, the petitioner has taken an exception to an order passed by the trial court by which application made by the petitioners for appointment of Court Commissioner local for inspection in accordance with provisions of Rule 9 of Order XXVI Code of Civil Procedure, 1908 has been rejected. The Order impugned is an interlocutory order which is capable of being challenged in an appeal which may be preferred 2 against the decree which may be passed in the suit. 2. Notwithstanding rejection of the said application, at appropriate stage, the concerned Court can always exercise power of appointment of Commissioner either under Rule 7 of Order XXXIX of Code of Civil Procedure or under Rule 9 of Order XXVI of the said Code. 3. Subject to what is observed above, petition is rejected. (A.S.Oka, J.)