THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Tr.C.M.P.No.202 of 2009 ORDER: The respondent filed O.S.No.19 of 1997, against the petitioner, in the Court of Senior Civil Judge, Piler, for the relief of specific performance of an agreement of sale, dated 01.06.1996. The petitioner opposed the suit. Through its judgment, dated 13.09.2007, the trial Court refused to grant the relief of specific performance, but directed the petitioner herein to refund the earnest money of Rs.2,00,000/-. The respondent filed A.S.No.98 of 2008, before this Court, feeling aggrieved by the judgment of the trial Court. The petitioner, on the other hand, filed A.S.No.123 of 2007 in the Court of II Additional District Judge, at Madanapalle, against the decree directing him to refund the earnest money. This Tr.C.M.P. is filed with a prayer to withdraw A.S.No.123 of 2007 to this Court. Heard learned counsel for the petitioner. Though the respondent is served with notice, he did not choose to enter appearance. Feeling aggrieved by the rejection of the relief of specific performance of an agreement of sale, the respondent filed A.S.No.98 of 2008, before this Court. The petitioner had also grievance against the decree, which directed him to refund the amount. Since the value of that is less, it had to be presented before the District Court, Madanapalle. Since both the appeals arise out of the same judgment and decree, they need to be heard by one and the same Court. Hence, the Tr.C.M.P. is allowed and A.S.No.123 of 2007 is withdrawn from the Court of II Additional District Judge, Madanapalle, and on such withdrawal, it shall be heard along with A.S.No.98 of 2008, before this Court. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:21.07.2010 GJ