JUDGMENT : This petition is directed against the order dated 4.4.12 whereby the application of present petitioners/defendants No.1 and 2 preferred under Order 16 Rule 3 CPC was rejected by the Court below. 2. This Court by order dated 2.5.2012 granted an adinterim order because of which the further proceedings of the civil suit are stayed. Shri Chitnis, learned counsel for respondent No.1, at the outset submits that he has no objection if the said application is allowed and a final opportunity may be granted to the petitioners. He fairly submits that even liberty may be reserved to the petitioners to file a fresh application giving fresh particulars of a Patwari if the earlier Patwari is changed. Shri Sharma, learend counsel for the petitioners, has no objection to this suggestion. 3. Accordingly, in view of the consent of the parties, order dated 4.4.12 is set aside. The petitioners shall make a submission on the next date of hearing before the Court below whether same Patwari is there and if the same Patwari is functioning, the Court below shall treat Annexure P/6 as allowed and pass appropriate direction thereupon. If the Patwari is changed, petitioners shall prefer a fresh application on the next date of hearing before the Court below and same shall be allowed by the Court below by summoning concerned Patwari. The Court below shall fix a short date for the said purpose and expedite the hearing. It be noted that this Court has not expressed any opinion on the merits of the case. Petition stands disposed of.