THE HON’BLE SRI JUSTICE V. ESWARAIAH CRP.No.2557 of 2009 Between: G.Munilakshmamma and others. ..... PETITIONER AND E.Venkatalakshmamma and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.2557 of 2009 ORDER: The petitioners herein are defendants 1 to 3. The first respondent herein filed a suit in O.S.No.385 of 2006 on the file of the Principal Senior Civil Judge, Chittoor, against the petitioners along with seven others, for declaration of title and permanent injunction restraining them from interfering with her possession and enjoyment of the suit schedule property in an extent of Ac.3.97 in Sy.No.368 situated at Padigalakuppam, V.Kota Mandal, Chittoor District. The petitioners herein filed O.S.No. 233 of 2006 seeking their share in the suit schedule property, consisting of items 1 to 8. Item No.7 of the suit schedule property in O.S.No. 233 of 2006 is the suit schedule property in O.S.No. 385 of 2006. The plaintiff in O.S.No. 385 of 2006 is also party respondent in O.S.No. 233 of 2006. As item No.7, which also includes the plaint schedule property in O.S.No. 233 of 2006, is the subject matter of the suit in O.S.No. 385 of 2006, the petitioners herein filed I.A.No. 283 of 2008 seeking to stay all further proceedings in O.S.No. 385 of 2006, pending disposal of the suit in O.S.No. 233 of 2006. The said application has been dismissed by an order dated 29.01.2009. Aggrieved by the same, this revision is filed under Article 227 of the Constitution of India. Heard both the counsel appearing for the respective parties. Admittedly, the subject matter of the suit in O.S.No. 233 of 2006 consists of 8 items and item No.7 alone is the subject matter of O.S.No. 385 of 2006, which was filed for declaration of title and permanent injunction. Therefore, it cannot be said that the entire subject matter of the plaint schedule property in both the suits is one and the same and as well as some of the parties to the suit are different. Therefore, I do not see any infirmity or illegality in dismissing the application. However, as the subject matter of item No.7 in O.S.No. 233 of 2006 is the plaint schedule property in O.S.No. 385 of 2006, I am of the opinion that it would be just and proper to direct the learned Judge to try both the suits simultaneously for convenience of the parties and better appreciation of evidence. Having regard to the facts and circumstances of the case, the revision petition is disposed of directing the learned Principal Senior Civil Judge, Chittoor, to try both the suits being O.S.Nos. 385 and 233 of 2006 simultaneously. No order as to costs. ______________________ JUSTICE V. ESWARAIAH Date:11.09.2009 usd