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The Bombay high court on Thursday fixed December 5 as the date for recording Shiv Sena leader Sanjay Raut’s testimony in the suit filed by Jaidev Thackeray challenging the Will of his father and late Sena supremo Bal Thackeray.

Justice Gautam S. Patel has asked MP and the editor of Shiv Sena mouthpiece Saamana to remain present in the court on December 5 so that Jaidev’s lawyer could examine him.

Earlier, the court fixed October 10 for Mr Raut to appear in court as a witness but he remained absent. Following this, the judge had cautioned him saying that if he did not appear in the court willingly, the court would have to employ forceful means to ensure his presence the next time.

“If he doesn’t come on his own, then the court will make him come,” said Justice Patel.

The court had also issued a warning that if Raut remained absent at the next hearing, the court might consider issuing a warrant against him and had deferred the matter till October 27, for fixing a date to summon Raut as a witness.

Jaidev has challenged Bal Thackeray’s last Will, made on December 13, 2011, which did not give him anything but bequeathed a substantial share of the property to Jaidev’s brother and the incumbent Shiv Sena president Uddhav Thackeray.

The properties left behind by Bal Thackeray are worth Rs 14.85 crore and include his Bungalow Matoshri at Bandra.

Justice Patel had asked for the Saamana’s editor or its executive editor to appear before the court to be cross-examined as a witness for Bal Thackeray’s elder son, Jaidev.

Uddhav Thackeray is Samana’s editor, while Raut is the executive editor. On the last date of hearing, a Saamana staff member informed the court that Raut was unable to respond to the summons as he was not in Mumbai and would return only after October 18.