THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.5629 of 2010 ORDER: This civil revision petition under Section 115 CPC is filed against the order, dated 05.10.2010 passed in E.A.No.71 of 2010 in E.P.No.21 of 2009 in O.S.No.295 of 2003 on the file of learned II Additional Senior Civil Judge, Nellore. Petitioner is the judgment debtor in O.S.No.295 of 2003. In execution of the decree, the property belonged to him was sold. He has filed E.A.No.71 of 2010 under Order XXI Rule 89 of CPC to set aside the sale. Such application was dismissed by the Court below by the impugned order mainly on the ground that the petitioner has not impleaded the auction purchaser as party respondent therein. It is submitted by the learned counsel for the petitioner that the auction purchaser was put on notice before hearing and by mistake, the petitioner has not made him as party respondent, but at the same time, it is submitted by the learned counsel appearing for respondent No.2 that the petitioner has also filed E.A.No.182 of 2010 seeking review of the order, dated 05.10.2010, passed in E.A.No.71 of 2010. As much as the petitioner has already filed review application, E.A.No.182 of 2010, and as it is pending, the petitioner cannot simultaneously pursue this civil revision petition against very same order, dated 05.10.2010, passed in E.A.No.71 of 2010. In that view of the matter, without going into the merits of the case, the civil revision petition is dismissed. However, it is made clear that it is open to the Court below to consider E.A.No.182 of 2010 filed by the petitioner independently on its own merits. No order as to costs. ______________________ R.SUBHASH REDDY, J 14th DECEMBER, 2010. kvni