D. B. Bhosale, J. - (1.) Heard Mr. Patwardhan, learned counsel for the petitioner.
(2.) This petition is directed against the order dated 22-06-2004 passed below Exhibit- 63 filed in R. C. S. No. 5600 of 1995 by which the respondent-defendant's application under order 26, Rule 9 of the Code of Civil Procedure, seeking appointment of a Court Commissioner has been allowed. The operative part of the order reads thus: "Application which is Exh. 63 is granted and adv. Shri. G. T. Awate is appointed as C. C. to all the work mentioned in the application. Adv. of the defendant is directed to deposit amount of Rs. 500/- (Rs. Five Hundred Only) as C. C. Ref. CC is directed to do the C. C. work after giving notices to both the sides and submit the report on or before 01-07-2004".
(3.) It appears that in 1995 also a similar application was filed (Exhibit-26) by the respondents and that application was either not pressed or no orders therein were passed by the Court. It is clear from the impugned order that the Court Commissioner was directed to complete the commission work and submit his report on or before 01-07-2004. Mr. Patwardhan learned counsel for the petitioner submitted that the respondents did not deposit the cost of the Court Commissioner and as a result of which he could not carry out the commission work. He further submitted that the trial is being delayed for want of compliance of the impugned order inasmuch as the trial court is not proceeding with the trial.;