(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2932 OF 2011 1. Ismail s/o. Turabsab Shaikh, Age : 45 years, Occupation : Agriculture, R/o. Village Bibral, Taluka : Shirur Anantpal, District : Latur. 2. Mastan s/o. Turabsab Shaikh, Age : 36 years, Occupation : Agriculture, R/o. as above. 3. Mohamad s/o. Turabsab Shaikh, Age : 33 years, Occupation : Agriculture, R/o. as above. 4. Sadat s/o. Turabsab Shaikh, .. Petitioners Age : 30 years, (Original defendant Occupation : Agriculture, nos.1 to 4) R/o. as above. versus 1. Imam s/o. Mohamadsab Shaikh, Age : 56 years, Occupation : Agriculture, R/o. Village Ujed (Hisamabad), Taluka : Shirur Anantpal, District : Latur. (2) 2. Lalmiyan s/o. Mohamadsab Shaikh, Age : 46 years, Occupation : Agriculture, R/o. as above. 3. Mahebob s/o. Abdulsab Mulla, .. Respondents Age : 51 years, (Nos.1 and 2 - Occupation : Agriculture, Original plaintiffs R/o. Village Sakol, & Taluka : Shirur Anantpal, No.3 - Original District : Latur, defendant no.5) ....................... Mr. S.V. Chandole, Advocate, holding for Mr. V.G. Sakolkar, Advocate, for the petitioners. Mr. S.M. Godsay, Advocate, for respondent nos.1 and 2. Mr. A.S. Gaikwad, Advocate, for respondent no.3. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 4TH MAY 2011 COURT'S ORDER : 1. Heard learned Counsel for respective parties. (3) 2. Rule. Rule made returnable forthwith. Heard finally with consent. 3. By the impugned order, trial court has rejected witness summons to the petitioner / defendant on 6-4-2011. 4. After hearing respective Counsel, I am inclined to give the petitioners, an opportunity to secure attendance of that witness and to examine him in the interest of justice. 5. In the result, the petition is allowed. (i) The impugned order dated 6-4-2011, passed by the learned Civil Judge (Senior Division), Nilanga, below Exhibit 72 in Regular Civil Suit No. 18/2010, is quashed and set aside. The trial court shall issue necessary witness summons to the witness and the petitioners shall examine that witness on returnable date. (ii) Proceedings in Regular Civil Suit No. 18/2010 are expedited, as jointly requested, and the trial court shall attempt to decide the suit as early as possible and in any case, by 31st December 2011. (4) 6. Rule is made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/2932wp