3.The reading of the order of the learned Principal District Judge, Tiruppur in Tr.O.P.No.69 of 2021, dated 24.09.2021 shows that Suit in O.S.No.58 of 2005 was filed in the year 2005 on the basis of sale agreement dated 19.01.1998. This case is pending for cross examination of PW1. Pending suit, the Petitioner therein viz., Sumithradevi had allowed the suit to be dismissed for default and later the same was restored. Suit in O.S.No.233 of 2021 was filed for partition. An application for rejection of plaint in O.S.No.233 of 2021 is pending. It is the duty of the Petitioner to prove his readiness and willingness and enforceability of the agreement before the trial Court in the Suit for specific performance. It is also observed that at this stage, especially when the Suit for specific performance is pending for 16 years, Petitioner cannot seek for joint trail of Suit in O.S.No.233 of 2021 for the reason that issues which are to be decided in both the cases are not the same issues. Not only that, the parties are different and the cause of action for both the Suit is different and relief sought for is also different. With these observations, the learned Principal District Judge, Tiruppur dismissed the Tr.OP.No.69 of 2021.
