46-WP-464-2020.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 464 OF 2020 WITH INTERIM APPLICATION NO. 10129 OF 2022 Santosh Sona Sakpal … Petitioner Vs. Rajendra Damodar Sakpal and … Respondents Others Mr. Vijay Kurle (through VC) for the Petitioner. CORAM : GAURI GODSE, J. DATE : 9th JUNE 2025 ORDER : 1. This petition is filed by the plaintiff to challenge rejection of the application for appointment of Court Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (“CPC”). It being an interlocutory order, it would always be open for the petitioner to challenge the same in view of Section 105 of CPC, if the final decree in the suit is against the petitioner. 2. Needless to clarify that it is always open for the petitioner to lead his own evidence in support of his contention in the suit. The interference of this court by exercising jurisdiction under Article 227 of the Constitution is not necessary. With the aforesaid clarification, writ petition is disposed of. 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.06.10 02:37:09 +0200 46-WP-464-2020.docx 3. In view of the disposal of the petition, pending application, if any, is disposed of as infructuous. [GAURI GODSE, J.] 2/2