IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 268 of 2011. Decided on 12th December, 2011. Smt. Rani Sharma, wd/o late Shri Dharamveer Sharma, 128, Jamma Apartments, Sector 9, Rohini, Delhi 110085. …. Appellant. Versus 1. Shri Amba Dutt Sharma, S/o Shri Parma Nand Sharma, R/o village Beergarh, Tehsil Theog, Distt. Shimla. 2. Ms. Vandana Sharma, d/o Shri Om Parkash Sharma, r/o 166-A, Kamla Nagar, New Delhi. 3. Shri Ankur Sharma, son of Shri Om Parkash Sharma, 166-A, Kamla Nagar, New Delhi. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dev Darshan Sud, Judge. For the appellant: Mr. Ajay Kumar Sood, Advocate. For the Respondents : Mr. Romesh Verma, Advocate, for respondent No.1. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The applicant in OMP NO. 548 of 2010 in Civil Suit No. 55 of 2010 is the appellant herein. The application was filed under Order 1 Rule 10 read with Sections 94 and 151 of CPC. The application was dismissed and hence the appeal. 2. During the pendency of the appeal, the applicant has filed a separate Civil Suit No. 45 of 2011. The parties in both the suits are same and the subject matter is also virtually the same. In that view of the matter, learned counsel for the appellant seeks permission to withdraw the OMP No. 548 of 2010. It is further prayed that both suits may be clubbed and tried together. 2 3. Heard learned counsel for both the sides. 4. In view of the intervening developments, as above, the appellant is permitted to withdraw the OMP No. 548 of 2010 in Civil Suit No. 55 of 2010. The order dated 20.4.2011 is set aside. Resultantly, the application stands dismissed as withdrawn. In view of the factual situation, we have referred to above, it is only appropriate and in the interest of both the parties that both the suits are clubbed and tried together. Ordered accordingly. The appeal is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice 12th December, 2011. (Justice Dev Darshan Sud), (kck/bhatt) Judge.