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As per the case facts a trial court decree was executed by selling the judgment debtor's property but the decree was later modified by an appellate court The judgment debtor's
...application for restitution of property was rejected by multiple lower courts The appeal challenged this denial arguing that the sale was based on a modified decree and that selling the entire property for a partial amount was inappropriate The question arose whether the judgment debtor was entitled to restitution under Section CPC when the decree based on which their property was sold was subsequently altered and if the sale of the entire property for a partial modified decree was proper Finally the Supreme Court allowed the appeal setting aside the High Court's order and granting the application for restitution It set aside the sale of the attached properties and restored the parties to their pre-attachment position The Court emphasized that decree execution should not exploit the judgment debtor and the modified decree should proceed lawfully