The learned counsel for the revision petitioner has made the following endorsement:
'The grounds urged in the civil revision petition have been fully and substantially raised in C.M.A.No.29 of 2005, Sub Court, Poonamallee and it can be gone into in the civil miscellaneous appeal. In the circumstances, in the larger interest of justice, the petitioner may be permitted to withdraw the civil revision petition No.436 of 2005 on the file of this Court.'
2.In view of the aforesaid endorsement, this civil revision petition is dismissed as withdrawn without costs. Consequently, connected Civil Miscellaneous Petition No.2736 of 2005 is closed.
3.However, it is brought to the notice of this Court that C.M.A.No.29 of 2005 is pending on the file of the Learned Subordinate Judge, Poonamallee. Since the date of the decree in the main suit in O.S.No.9460 of 1974 (on the file of the City Civil Court, Chennai and later transferred to the Court of District Munsif, Poonamallee) is 08.02.1979, in the interest of the respective parties they are permitted to mention before the Learned Subordinate Judge, Poonamallee for taking up the matter in C.M.A.No.29 of 2005 for early disposal and, if such request is made, the Learned Subordinate Judge, Poonamalle shall consider the same in the right earnest and is directed to dispose of the said civil miscellaneous appeal within a period of three months thereto.
cla/ks To The District Munsif, Poonamalle