King, J.

1. The appellant here is the South Indian Railway Company against whom a decree had been passed in O.S. No. 14 of 1935 on the file of the Subordinate Judges Court of South Malabar. The company, filed an appeal in the High Court and applied for stay of execution. It was ordered by this Court to deposit the amount of the decree. This was done on 16th February, 1938, and an order granting interim stay was passed. This order was confirmed on the 22nd April, 1938, and the respondent was permitted to withdraw unconditionally the amount of the deposit which represented the costs awarded by the decree. In respect of the remainder of the sum the Court ordered that withdrawal could take place only on furnishing security. The amount of costs was accordingly withdrawn some months later, but no security was ever furnished and it was not until the appeal of the Railway Company had been dismissed that the respondent applied for the decree money. Application was made for that sum with interest up to the date of the application, that is, in August, 1940. The learned Subordinate Judge held that this application was good and ordered it. The Railway Company now appeals on the ground th