The question urged for a decision is whether, if pending an application for execution filed by a person entitled to rateable distribution to the court which was holding the assets the court has disbursed the amount to the holder of decree in which case the amount was deposited, it is within the power of the executing court to direct the holder of decree who received the amount to pay the amount rateably payable to the applicant for rateable distribution?

2. Petitioner challenges Ext.P4, order dated June 30, 2010 Passed by the learned Sub Judge, Hosdurg on E.A.No.108 of 2010 In E.P.No.179 of 2009 in O.S.No.84 of 2009. Petitioner was the decree holder in the said suit. He obtained a decree for recovery of money from the defendant in O.S.No.84 of 2009 and filed E.P.No.179 of 2009 to execute that decree. Pending suit court had attached the amount in the custody of 5th respondent-garnishee, a Co-operative Bank on 24.10.2009 as per order on I.A.No.810 of 2009. On passing the decree, petitioner filed E.P.No.179 of 2009 on 28.11.2009. Pursuant to the order passed by the executing court, garnishee deposited the amount attached in the executing court. In the meantime, first respon