1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10897 OF 2009 Smt.Sheela Bipin Shah ...Petitioner vs. Govinddas Samaldas Gandhi ...Respondent Mr.Vishal Kanade i/b Mr.S.S.Gawde for the petitioner None for the respondent CORAM :A.S.OKA,J. DATE : JANUARY 7, 2010 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the original defendant in a suit filed by the respondent for eviction on the ground of bonafide requirement. An application for appointment of Court Commissioner was made by the petitioner which has been rejected by the impugned order. The defence of the petitioner seems to be that the respondent-plaintiff has other properties available. The particulars of the said properties have been set out by the petitioner. The trial has not yet commenced. Whether the respondent- plaintiff is holding other properties as contended by the petitioner is a matter of evidence. 2 The impugned order is purely of interlocutory nature which is capable of being challenged in an Appeal which may be preferred by the petitioner if the decree 2 passed in the suit be adverse to him. 3 Notwithstanding the impugned order, if the trial Court at any stage deems it necessary to have local investigation, it is always open for the trial Court to appoint a Court Commissioner in exercise of power under Rule 9 of Order XXVI of the Code of Civil Procedure,1908. 4 Subject to what is observed above, Writ Petition is rejected. JUDGE