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that they do not want pursue of their CS 30A/99 Any other suitable relief, order or direction in the facts and circumstances of the case this Hon'ble Court may deems fit may also kindly be passed."

(2) Evidently the relief is sought on the basis of the judgment dated 29.3.2004 passed in Letters Patent Appeal No.156/2000, wherein the Division Bench directed for joint trial of Civil Suit No.12A/2000 and Civil Suit No.30A/1999. The judgment was affirmed by the Supreme Court in Civil THE HIGH COURT OF MADHYA PRADESH Muni Kumar Razdan Vs. Trimurti Charitable Public Trust and others Appeal No.3474/2009 (arising out of SLP (Civil) No.16046/2004 decided on 8.5.2009). The facts on record further reveal that Civil Suit No.30A/1999 was earlier dismissed on 24.1.2003. Contending inter-alia that with the passing of order in LPA No.156/2000, the Civil Suit 30A/1999 got restored on application under section 151 CPC was filed in Civil Suit No.12A/2000 for a consolidated hearing. The Trial Court found that there is no order for restoration of civil suit. Consequently, it dismissed the application.