1. The first respondent herein obtained a money decree against the second respondent in O. S.390 of 1981 of the Sub Court, Trivandrum on the basis of a compromise. At the instance of the decree-holder attachment before judgment was effected of certain sum of money said to be belonging to the judgment-debtor in the hands of the appellant herein. Executive Engineer of the K. S. E. Board. The decree-holder subsequently filed execution petition under Order XXI R.46A CPC. He filed E. A. 566/84 seeking direction to the appellant to remit the amount in court. The application was opposed by the appellant, but was allowed by the executing court. Hence this appeal.

2. In the court below appellant contended, inter alia, that the amount in his hands is the security amount deposited by the judgment-debtor, that the judgment-debtor abandoned contract and thereby the Board sustained huge loss, final liability has not been fixed and on a proper computation the Board would owe no money to the judgment-debtor and on the other baud substantial amount would be due to the Board from the judgment-debtor. The court below held that these contentions were not available to the appellant. The cour