THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 5668 of 2009 Dated: 07.04.2010 Between: Pisay Venkoba Rao and 5 others … Petitioners And B.Lakshmi Narayana and another. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI Civil Revision Petition No. 5668 of 2009 O R D E R : This revision petition is directed against the order dated 09.11.2009 in I.A.No.295 of 2009 in O.S.No.17 of 2008 on the file of the Court of the Judge, Family Court-cum- Additional District & Sessions Judge, Ananthapur. The revision petitioners are the third parties to the suit, which was filed by the 1st respondent herein against the 2nd respondent for specific performance of an agreement of sale dated 24.03.2007. The evidence on behalf of the plaintiff as well as the defendant was over and the suit was coming up for arguments. At that stage I.A.No.295 of 2009 was filed under Order 9 Rule 10 C.P.C. by the revision petitioners with a prayer to implead them as defendants 2 to 7 to the suit. In the affidavit filed in support of the said application it was pleaded that the 2nd respondent herein/1st defendant having executed an agreement of sale dated 07.05.2003 in respect of suit schedule property, had failed to execute the registered sale deed in their favour and therefore they filed O.S.No.70 of 2008 in the Court of the Senior Civil Judge Gooti on 01.07.2008. As the said suit is pending, it was prayed by the revision petitioners to implead them as defendants 2 to 7 to O.S.No.17 of 2008. The Court below, by order dated 09.11.2009, dismissed the said application and aggrieved by the same, the present revision petition is filed. Despite notice, the respondents did not choose to appear. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioners that the revision petitioners had also filed O.P.No.662 of 2009 under Section 24 of C.P.C. seeking transfer of O.S.No.70 of 2008 from the Court of Senior Civil Judge, Gooti to the Family Court-cum-Additional District & Sessions Judge, Ananthapur and during the pendency of the present revision petition, the said O.P. 662 of 2009 was allowed and thus, as on today both O.S.Nos. 17 of 2008 and 70 of 2008 are pending in the same Court. In the circumstances, no further enquiry is necessary on merits and suffice it to dispose of the revision petition with a direction to the Court below to try both O.S.Nos.17 of 2008 and 70 of 2008 together following due process of law. Civil Revision Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J Date: 07.04.2010 KLP