( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3623 OF 2010 Md. Siddiqui s/o Md. Hyder & another PETITIONERS VERSUS Mohd. Sadiq s/o Abdul Rahim RESPONDENTS .... Mr. Sk. A.T. Patel, advocate for the petitioners. Mr. R.S. Shinde, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 18th June, 2010] PER COURT : 1. By consent, the petition is being disposed of on following terms : (i) The impugned order is set aside, subject to the condition that the petitioners will file affidavit of the concerned witness before the trial Court within period of two (2) weeks and thereafter, he will be presented before the trial Court for cross-examination within two (2) weeks. Thus, his examination will be completed within period of four (4) weeks. If the affidavit of the concerned witness is not filed within period of two (2) weeks, the petition will be deemed as ( 2 ) dismissed and the right of the petitioners will be deemed as foreclosed and the trial Court may proceed further with the trial of the suit in accordance with the provisions of law. (ii) The petitioners will furnish a copy of the affidavit of the witness to the respondent atleast four (4) days prior to filing of the same in the trial Court. (iii)The petitioners will not ask for adjournments for production of the witness, for cross-examination and the same will not be considered by the trial Court after filing of the affidavit within two (2) weeks. (iv) The final hearing of the suit is expedited. 2. The petition is accordingly disposed of. 3. The parties to act upon copy of this order, duly authenticated by the Court Shirestedar. [ V.R. KINGAONKAR ] JUDGE NPJ/wp3623-10