THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Second Appeal No.1296 of 2005 JUDGMENT: The appellant filed O.S.No.243 of 1985 in the Court of Principal Senior Civil Judge, Guntur against the sole respondent for the relief of specific performance of an agreement of sale. The latter in turn filed O.S.No.511 of 1990 in the same Court for the relief of recovery of possession of the same property. Both the suits were clubbed and through judgment dated 03.07.1998, the trial Court dismissed O.S.No.243 of 1985 and decreed O.S.No.511 of 1990. The appellant filed A.S.No.104 and 105 of 1998 against the decrees in both the suits in the Court of II Additional District Judge, Guntur. Through a common judgment, dated 11.06.2002, the lower appellate court dismissed both the appeals. This second appeal is directed against the judgment and decree in A.S.No.104 of 1998. Heard the learned counsel for the appellant and the learned counsel for the respondent. The necessity for this Court to deal with the matter in detail is obviated on account of certain developments. As observed earlier, the suits filed by the appellant on the one hand and the respondent on the other were in relation to the same property. While the one filed by the appellant was for the relief of specific performance, the suit filed by the respondent was for the relief of recovery of possession. On refusal of relief to the appellant, he filed two appeals and both the appeals were dismissed. Against the decree in A.S.No.105 of 1998, the appellant filed S.A.No.859 of 2002. It was dismissed by this Court on 15.11.2002 and an S.L.P. filed against the same was also dismissed by the Hon’ble Supreme Court. The result is that the decree passed by the trial Court for recovery of possession of the property from the appellant has become final. Further, once the common judgment rendered in two appeals has attained finality in one of them, it would operate as res judicata in the second appeal preferred against the judgment in another appeal. Therefore, the second appeal is dismissed. There shall be no order as to costs. __________ 09.12.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Second Appeal No.1296 of 2005 Date: 09.12.2011 JSU