1The only question that arises in this second appeal is whether the judgment debtor can recover back certain amount paid under the decree to the decree holder in execution, which is later found to be in excess of the amount due under the decree. It is not disputed that satisfaction has been entered of the decree, pursuant to the payment made by the judgment debtor and execution has been closed. Under such circumstances does the court executing the decree become functus officio, whether any proceedings at the instance of the judgment debtor for refund would come within S.47 of the C.P.C. and assuming that it is open to the judgment debtor to claim refund under S.47 notwithstanding the recording of satisfaction, whether in the facts and circumstances of the case any such refund could be claimed as a matter of course are the question which have to be decided in this appeal.

2 The decree was for money charged on properties. The judgment debtor had executed a hypothecation in favour of the Cochin Land Mortgage Bank reserving Rs. 3000/- to be paid towards the decree amount. The heirs of the decree holders filed E. A. 1844 of 1963 the prayer in which was to direct the amount reserved with