K. ABRAHAM MATHEW, J.

1. Petitioner is the decree holder in a suit for money. The decree was challenged in appeal. The appellate court stayed execution of the decree on condition that the respondent/judgment debtor furnished security for the performance of the decree. Accordingly the respondent produced before the executing court fixed deposit receipts for a certain amount issued by a bank as security. The appeal was later dismissed. Thereupon, the petitioner filed Ext P4 execution petition requesting the court to send for the amounts covered by the fixed deposit receipts. The respondent filed an application to return the receipts. By Ext P8 order the court allowed the respondent's application and ordered return of the fixed deposit receipts to the respondent stating that the appeal was disposed of and the amount has not been attached.

2. Heard.

3. The respondent produced fixed deposit receipts issued by a bank pursuant to the orders passed by the appellate court as a condition for staying execution of the decree. Order 41 Rule 5(3)(c) C.P.C. provides that no order of stay of execution shall be made under sub rule 1 or sub rule 2 unless the court making it is satisfied that