IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.252 OF 2010 Date:07-04-2011 Between:- Sahik Baba Saheb (died), Shaik Ghouse Basha .. Petitioner/3rd party And C.Gnanamma .. Respondent/Petitioner/DHR ORDER:- This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) is directed against the docket order dated 20-01-2010 in E.A.No.2 of 2009 in O.E.P.No.130 of 2007 in O.S.No.182 of 2005 on the file of the Principal Junior Civil Judge, Srikalahasti, Chittoor District, whereunder and whereby, the application filed by the respondent/petitioner/DHR under Order XXI Rule 95 and under Section 151 C.P.C. to order for delivery of possession of the schedule mentioned property and to receive delivery of the properties mentioned thereunder and also to remove any person, who refuses to vacate the schedule mentioned properties, was allowed by ordering fresh delivery warrant by 17-02-2010. 2. Heard. 3. As seen from the record, the petitioner filed E.A.No.266 of 2009 on the file of Principal Junior Civil Judge, Srikalahasti under Order XXI Rules 97, 98, 99 and 101 read with Section 151 C.P.C. to set aside the sale, dated 15-07-2008, and subsequent confirmation of sale, dated 16-09-2008, in respect of the petition schedule property in E.P.No.130 of 2007 in O.S.No.182 of 2005 and it was dismissed on 26-08-2009 while recording a finding that he was no way related to the E.P. schedule property. That finding has become final. The doctrine of res judicata applies to execution proceedings also. If the application of petitioner under Order XXI Rule 97 C.P.C. is dismissed on merits by the executing Court, that order will operate as res judicata and the second or subsequent application will be barred. Therefore, when he failed to show any prima facie right over the E.P. schedule property, he cannot challenge the docket order dated 20-01-2010. Therefore, 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. _​_____________________ JUSTICE K.C.BHANU 7th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.252 OF 2010 Date:07-04-2011 AMD