finally decreed by the appeal court was deposited, hence, the principle of restitution is not invokable. 4. Mr. D.N. Goburdhan, learned senior counsel appearing for the appellant/judgment debtor has strenuously urged that the auction purchaser, being the decree holder, in the present case, is not entitled to any equity, which a bona fide auction purchaser with no knowledge of the litigation, or the pending appeal would have in such matter. Reliance is placed on Binayak Swain vs. Ramesh Chandra Panigrahi & Anr2. & Chinnamal & Ors. Vs. Arumugham & Anr3. It is further argued that even an assignee of a decree holder/auction purchaser (respondent no. 3 herein) cannot be equated with a bona fide purchaser for value without notice. Reference is made to the decision of this Court in Padanathil Rugmini Ama Vs. P.K. Abdulla4. It is then argued that where a decree holder himself is an auction purchaser, the sale cannot stand not only in the case of reversal of a decree but also on any variation