IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No.2863 of 2010 Between: Valliveti Ramadevi ..... PETITIONER AND Dappalapudi Srinivasa Rao and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No.2863 of 2010 O R D E R: The petitioner has filed the present revision impugning the order dated 03.05.2010 passed by the Senior Civil Judge, Chirala in E.A.No.147/2007 in E.P.No.64/2002 in O.S.No.59/1997. This court on 09.07.2010 passed the following order; “There shall be an interim stay of all further proceedings in E.P.No.64/2002 in O.S.No.59/1997 on the file of the Senior Civil Judge, Chirala including as to dispossession of the petitioner from the E.P. schedule property on condition that the entire decretal amount including costs, if any, as determined in the judgment in O.S.No.59/1997 shall be deposited by the petitioner to the credit of E.P.No.64/2002, within a period of two weeks from today. In default of such deposit, the stay granted herein shall stand dissolved on the occurrence of such default and the Court below may proceed with further proceeding pursuant to the order dated 03.05.2010 impugned in this revision.” Learned Counsel for the petitioner submits that in pursuance of the aforementioned order, the petitioner/judgment debtor has deposited the entire amount and the same has already been withdrawn by the 1st respondent/decree holder. Smt.G.Jhansi, learned counsel, appearing for the 2nd respondent/auction purchaser, submits that the 2nd respondent/auction purchaser has deposited a sum of Rs.24 lakhs in pursuance of the auction held on 19.02.2007. Apart from the above amount, the 2nd respondent/auction purchaser has also deposited a sum of Rs.1,50,000/- towards registration charges of the auctioned property. But the 2nd respondent/auction purchaser has neither got the property, which was bidded for, nor the amount deposited. Therefore, the learned counsel prays that the 2nd respondent/auction purchaser be permitted to withdraw his amounts, which stand deposited before the trial Court. In view of the fact that the petitioner/judgment debtor has already deposited the entire decretal amount and the same has been withdrawn by the 1st respondent/decree holder, therefore, it would not be proper to retain the amounts deposited by the 2nd respondent/auction purchaser. Resultantly, the 2nd respondent/auction purchaser is permitted to withdraw the amounts deposited by him forthwith. As the decree stands satisfied and the decree holder has already got his entire amount, therefore, the sale/auction held on 19.02.2007 is set aside. Accordingly, the Civil Revision Petition is disposed of, in the terms mentioned above. No order as to costs. ______________________ ASHUTOSH MOHUNTA,J Dated: 22.12.2011 Dsr