1 REPORTABLE 2024 INSC 411 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5026 OF 2023 BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. …. APPELLANT VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS. ...RESPONDENT J U D G M E N T PRASHANT KUMAR MISHRA, J. 1. The legal issue in this appeal, concerns restitution of a judgment debtor on a decree being varied, reversed, set aside or modified as it is statutorily recognised in Section 144 of the Code of Civil Procedure, 1908.1 The decree passed by the Trial Court in the present case was varied by the appeal court. 1 ‘CPC’2 However, in the meantime, the decree was executed by sale of the judgment debtor’s property on 23.09.1985 in favour of the decree holders, including respondent Nos. 1 and 2. 2. After the decree was varied by the Appellate Court, the appellant/judgment debtor applied for restitution by invoking Section 144 CPC. The Trial Court, Appellate Court and the second Appellate Court as well,