1 WP-8059-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 8059 OF 2010 Viraf Jamshedji Panthaki .. Petitioner vs. Homi Jamshedji Panthaki .. Respondent Mr. V.V.Pai, Advocate, for the petitioner. Mr. S.D.M ogre,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 12th October, 2010. P.C. 1. Heard the learned Counsel. 2. With consent of the learned Counsel for both parties and in the interest of justice, the impugned order dated 28.9.2010 passed by the learned Judge, City Civil Court in S.C. Suit No.3664/1998 is hereby set aside. The petitioner/defendant shall file his affidavit in examination-in-chief on 14.10.2010 and shall make himself available for cross-examination by the plaintiff on the date which may be fixed by the trial Court. The trial Court shall not grant any adjournment for this purpose. If the affidavit in examination-in-chief is not filed on 14.10.2010, the petition shall be deemed to have been dismissed. (J.H.BHATIA,J.)