IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SMT JUSTICE T.MEENA KUMARI C.R.P. NO :3736 of 2009 Between: 1. Mettu Damayanti and others. ..... PETITIONERS AND A. Malla Reddy. .....RESPONDENT The Court made the following : HONOURABLE SMT. JUSTICE T.MEENA KUMARI CIVIL REVISION PETITION No:3736 OF 2009 ORDER: Aggrieved by order, dated 07.07.2009 in E.P.No.73 of 1999 in O.P.No.1064 of 1995 passed by the learned IV Senior Civil Judge, City Civil Court, Hyderabad, the revision petitioners filed the present revision petition. The petitioners herein are the Judgment debtors and the respondent is the Decree Holder. The Decree Holder filed the above E.P., before the trial Court seeking delivery of vacant possession of residential flat bearing No. 1-C Ground floor, Kalyani Mansion, Somajiguda, Hyderabad, to register the same in his favour and for sale of the movables which were already attached. While opposing the E.P., the petitioners filed counter affidavit before the Court below stating that the respondent-decree holder filed the E.P. for realisation of Rs.2,07,000/- with interest at 18%per annum although the agreed interest was 11% per annum. It is further stated that earlier one S.A. Ramaiah had filed W.P. No. 15245 of 1998 stating that the said flat was already sold on account of non-payment of dues by the decree holder and the said writ petition was dismissed by this Court on 8.4.1999. Subsequently, a letter was addressed by the petitioners to the respondent-decree holder requesting him to take possession of the flat. It is further stated that the decree holder has to pay an amount of Rs. 7.00 lakhs towards charges for electrical transformer, lift and others. However, the respondent-decree holder was not coming forward to pay the said amount and take possession of the flat. As substantial amounts were paid by the petitioners, they cancelled the sale. The Court below having gone through the material on record, allowed the E.P. through the order impugned in this revision. Being aggrieved by the same, the present CRP is filed by the petitioners- Judgment Debtors. Heard the learned Counsel and perused the material available on record. Learned Counsel for the petitioners-Judgment debtors contends that as the SLP filed by the decree holder was dismissed, the present E.P.is not maintainable and therefore, the order under revision is liable to be set aside. On a perusal of the material on record, it is quite clear that the issue raised in the present C.R.P. had already been dealt with by this Court in C.R.P. No.2433 of 2002. In the said C.R.P. the petitioners have assailed the order of the Court below in E.P. No. 73 of 1999 whereby the judgment debtors were directed to register the flat in favour of the respondent-decree holder within a period of two weeks. A learned single Judge of this Court on an elaborate consideration of the matter, while taking into consideration the order of the National Consumer Dispute Redressal Commission, as confirmed by the Supreme Court in S.L.P. No.11767 of 2002 and upon considering the prevalent legal position, through order dated 16.12.2008, dismissed the aforesaid revision petition and the said order has become final. In pursuance of the aforesaid order, the respondent-decree holder filed the present E.P. seeking delivery of possession. The Court below on perusing the material on record and upon going through the judgment of the Supreme Court in the aforesaid S.L.P. and the judgment of this Court in C.R.P. No. 2433 of 2002, has rightly allowed the E.P. That apart, as the petitioners filed the present revision petition raising the self same issue and reiterating the very same contentions which were urged in the earlier C.R.P., the petitioners are estopped from filing yet another revision for the very same cause. In the circumstances, I do not find any reason to interfere with the impugned order of the Court below. The revision petition fails and it is accordingly dismissed. No order as to costs. _________________________ Justice T. Meena Kumari Date: 25th September, 2009 pnb HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:3736 OF 2009 25.09.2009