JUDGMENT

The Stock Exchange, garnishee in E.A.No.91 of 1999 in O.S.No.459 of 1997 of the court of learned Sub Judge, Ernakulam is the petitioner before me. Respondent No.1 has obtained a decree for recovery of money against respondent No.2 and in execution amount allegedly belonging to respondent No.2 and in deposit with the petitioner was attached. Pursuant thereto, executing court as per order on E.A.No.206 of 1999 directed petitioner to deposit Rs.1,40,000/- in court. That order was challenged in A.S.No.302 of 2000 before the learned District Judge. Learned District Judge granted stay of execution of the order on condition of deposit of the amount. Accordingly the amount was deposited (there is dispute whether the amount was deposited in the District Court or in the executing court). Later, the appeal was dismissed against which petitioner filed E.S.A.No.1 of 2002. That appeal was allowed by way of remand directing executing court to decide the matter afresh as provided under Rules 46D, E and F of Order XXI of the Code of Civil Procedure ((for short, " the Code”) and after hearing third parties who made claims against respondent No.2 as to the amount in deposit with the petition