ORDER

1. This appeal is directed against an order of the Single Judge of the Punjab and Haryana High Court at Chandigarh in Civil Revision No. 4247 of 1995. The High Court by the impugned order has set aside the order passed b by the executing court accepting the objections filed by the judgment-debtors (the appellants herein) under Section 47 read with Section 151 of the Code of Civil Procedure against the execution of a decree dated 27-5-1991 passed in favour of the decree-holder (the respondent herein).

2. The High Court has held that technically the judgment-debtor may be right in contending that there was no decree for possession and redemption of c mortgage but in substance the decree was for possession on deposit of Rs 30,000 which was the mortgage amount. The order of the executing court was set aside and objection filed under Section 47 CPC by the appellants dismissed.

3. Aggrieved against the aforesaid findings of the High Court, the present appeal has been filed.

4. We agree with the contention advanced by the learned counsel for the appellant that technically, in the absence of a decree for possession by redemption of mortgage, the decree-holder could not execute the decree. The High Court has rightly held that the judgment and decree passed by the first appellate court in the main case was not happily worded but, in substance, the decree was for recovery of possession on deposit of Rs 30,000. As the High Court has done substantial justice between the parties, we are not inclined to interfere with the order of the High Court in exercise of our jurisdiction under Article 136 of the Constitution.

5. The appeal is dismissed accordingly. No costs.