IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELVETH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4700 OF 2008 Between : Rahimunnisa and another ... PETITIONER A N D Mohammad Mustafa Baig and other …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 4700 OF 2008 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the order, dated 24.09.2008, in E.P.No.72 of 2006 in O.S.No.2 of 1992 on the file of Senior Civil Judge, Bapatla, whereunder and whereby, the application filed for delivery of the schedule property, was allowed. 2. Heard. 3. The petitioners are Judgment Debtor Nos. 2 and 3. The decree holder obtained a sale deed through process of Court in pursuance of decree in O.S.No.2 of 1992. That decree has become final. On earlier occasion, the Execution Petition filed for delivery of the schedule property, was dismissed for non-prosecution. Therefore, the present E.P. is filed. The only objection raised by the Judgment debtors is that the second E.P. is not maintainable. The contention of the learned counsel for Judgment debtors was repelled basing on various decisions rendered by this Court. Simply, because, the earlier E.P. proceedings have been dismissed for non-prosecution, it cannot be a bar in filing the second execution petition for second time. There is no provision brought to the notice of this Court that second execution petition filed second time is not maintainable. Therefore, the trial Court has rightly held that the E.P. is maintainable and the impugned order needs no interference by this Court. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 12, 2010. YVL