7-WP-1362-2015.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1362 OF 2015 Shri Anand Bandu Nikam … Petitioner Vs. Shri Narayan Ramchandra Nikam … Respondents and Another Mr. Kiran Kumar Phakade for the Petitioner. CORAM : GAURI GODSE, J. DATE : 18th JUNE 2025 ORDER : 1. Heard learned counsel for the petitioner. This petition is filed by the defendants to challenge the order 8th November 2014 appointing Court Commissioner on an application made by the plaintiff. The impugned order is purely an interlocutory order which in no manner affects the rights of the parties. 2. No prejudice is caused to the petitioner. The Court Commissioner’s report is never conclusive and the petitioner can always file objections to the report, which the trial court is bound to consider. The petitioner can also seek permission to cross-examine the Court Commissioner, at an appropriate stage. 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.06.21 00:21:20 +0200 7-WP-1362-2015.docx 3. Normally, court should be very slow in interfering with such an interlocutory order in its discretionary jurisdiction under Article 227 of the Constitution of India. Moreover, in view of Section 105 of the Code of Criminal Procedure, 1908 (“CPC”) the impugned order can always be challenged in an appeal against the decree which may be passed in the suit, in the event the decree is adverse to the petitioner. 4. Subject to the aforesaid observations, the petition is dismissed while keeping rights and contentions of the parties in the suit open. [GAURI GODSE, J.] 2/2