IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTYNINETH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Second Appeal No.272 of 2010 Between: Addala Bhimeswara Rao .. Appellant AND Samayamanthula Sesharatnam and another .. Respondents JUDGMENT: Heard Sri S. Subba Reddy, learned counsel for the appellant and Sri Ch. Dhanamjaya, learned counsel for the respondents. The Second Appeal is directed against the judgment and decree in A.S.No.8 of 2008 on the file of the II Additional District Judge, Amalapuram, East Godavari District dated 11-09-2008, by which the order and decree dated 17-01-2008 of the Senior Civil Judge, Razole, in E.A.No.11 of 2006 in E.P.No.17 of 2004 in O.S.No.19 of 1994 were confirmed dismissing the Execution Application with costs. The Execution Application in question, the failure in which before the Courts below led the appellant to approach this Court with the Second Appeal claiming involvement of substantial questions of law, was for setting aside the sale held on 22-12-2005 in E.P.No.17 of 2004 in O.S.No.19 of 1994 on the file of the Court of Senior Civil Judge, Razole , on allegations of material irregularities, suppression of material facts and fraud in conducting the auction resulting in substantial loss and injury to the appellant. Any adjudication of the questions in issue in the Second Appeal became superfluous after SAMP.No.2239 of 2011 is allowed vide separate orders today. The Second Appeal, therefore, has become superfluous and unnecessary. Therefore, without expressing any opinion on the merits of the contentions of the appellant about the factors vitiating the execution sale within the scope of Order 21 Rule 90 of the Code of Civil Procedure, the Second Appeal is allowed without costs in terms of the orders in SAMP.No.2239 of 2011. _____________________ G. BHAVANI PRASAD, J Date: 29-09-2011 Ksn