JUDGMENT Alok Singh, J. (Oral):- By way of present petition, petitioner is impugning order dated 7.5.2010 passed by the trial Court thereby rejecting the application of the petitioner under Order 26 Rule 9 CPC for appointment of the Commissioner to submit inspection report about the spot. 2. The trial Court has observed that this is a suit for partition. Preliminary decree is yet to be passed and after preliminary decree, in a proceeding for final decree, the petitioner – defendant can apply for appointment of the Local Commissioner for the purpose and to find out as to whether construction is there or not. Since the trial Court has given opportunity to the defendant – petitioner to seek appointment of the Local Commissioner at appropriate time, I do not find any error in the impugned order. Petition is void of merit and hence is dismissed. -------------