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Madras High CourtCRP/548/2018withdrawn dismissed

Shajagan, v. Noornisha

2018-04-03Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.04.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD)No.548 of 2018 and C.M.P.No.2921 of 2018 Shajagan ... Petitioner Vs.

1. Noorunisha

2. Noorjahan

3. Sahib John

4. State Bank of India Kattumannarkoil Branch, Rep. by its Branch Manager.

... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.113 of 2017 in O.S.No.28 of 2016 dated 04.12.2017, on the file of the II Additional District and Sessions Judge, Chidambaram.

For Petitioner : Mr.Ashok Menon

O R D E R

When the matter was taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw the civil revision petition. He has also made an endorsement to that effect.

Recording the submissions made by the learned counsel appearing for the petitioner and the endorsement, the civil revision petition is dismissed as withdrawn.

Further, the learned counsel for the petitioner states that suits in O.S.No.29 of 1995 and O.S.No.28 pf 2016 are between the same set of parties and seeks a direction of this Court to transfer O.S.No.29 of 1995, pending on the file of the Sub-Court, Chidambaram, to the file of the learned II Additional District Judge, Chidambaram, to conduct joint trial. Hence the suit in O.S.No.29 of 1995, on the file of the Sub-Court, Chidambaram, is hereby transferred to the file of the learned II Additional District Judge, Chidamabarm. The learned II Additional District Judge, Chidambaram, is directed to renumber the O.S.No. 29 of 1995 and to conduct joint trial along with O.S.No.28 of 2016, if trial is not already commenced in both the suits, if trial has already been commenced, the learned Judge is directed to conduct simultaneous trial in both the suits. Consequently, connected miscellaneous petition is closed. No costs. 03.04.2018 Index:Yes/No Note: Issue order copy on 05.04.2018 cgi

P.VELMURUGAN, J., cgi To

1. The II Additional District and Sessions Judge, Chidambaram.

2. The Sub Court, Chidambaram C.R.P.(PD)No.548 of 2018 and C.M.P.No.2921 of 2018 03.04.2018