S.B. CIVIL WRIT PETITION NO.7948/2008 Date of Order : 27th January, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.S. Khilari for the petitioner. Mr. M.C. Bhoot for the respondents. --------- 1. Heard learned counsels. 2. By the impugned order, the trial court has rejected the application of the plaintiff under Order 22 Rule 1 C.P.C. by order dated 2.9.2008 whereby the plaintiff wanted to withdraw his suit against the defendants No.2 to 5 who are said to be the purchaser of the suit property from the defendant No.1 Mr. Anirudh. 3. Learned counsel for the petitioner submits that since the defendants No.2 to 5 have filed separate suit in the matter, therefore, he would contest that suit. 4. Learned counsel for the respondents submits that since other suit is only at the evidence stage and the present suit is at the stage of final hearing, no order should be passed to try both the suits at the same time in the present matter. However, the petitioner is at liberty to make appropriate application to this effect in the trial court. 5. Be that as it may, in the opinion of this Court, there is no error in the impugned order. Consequently this writ petition is devoid of merit and the same is dismissed. 6. The application for early hearing is also disposed of. [ DR. VINEET KOTHARI ], J. item No.12 babulal/-