THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.907 of 2009 ORAL ORDER : Heard learned counsel for the petitioner-judgment debtor No.1 as well as the learned counsel for respondent No.2-auction purchaser. 2. This Civil Revision Petition is directed against the docket order, dated 16.2.2009, in E.A.No.71 of 2009 in E.P.No.99 of 2006 in O.S.No.1224 of 2005, passed by the II Additional Junior Civil Judge, Vijayawada, dismissing the application filed by the petitioner-judgment debtor No.1 seeking to cancel the sale conducted by the Court on 10.11.2008. 3. I have perused the impugned order passed by the Court below. 4. The only grievance of the petitioner in this civil revision petition is that notwithstanding the presence of the petitioner in the Court when the matter was called for hearing, the petitioner could not represent the matter and as a result of the same adverse order of sale was passed by the Court below. 5. Learned counsel for the petitioner now submits that the entire decretal amount has been deposited and the petitioner also filed a third party affidavit regarding the presence of the petitioner before the Court below when the matter was called for hearing. 6. This Court is not very much concerned about the presence of the petitioner on the day when the matter was called for hearing, nor this Court is interested to go into that aspect. 7. Having regard to the fact that the entire decretal amount had been deposited, the impugned order, dated 16.2.2009, passed by the Court below is liable to the set aside and accordingly set aside. The Court below shall proceed in accordance with law. 8. With the above observation and direction, the civil revision petition is disposed of, at the stage of admission. No order as to costs. _______________________ JUSTICE D.S.R.VARMA 01.04.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.907 of 2009 01.04.2010 (Msr)