Bhikchand S/O Dhondiram Mutha ... vs Shamabai Dhanraj Gugale (Deceased) ...

The Supreme Court addressed the issue of restitution under Section 144 of the Code of Civil Procedure, 1908, following a variation of a decree by the appellate court. The court held that the judgment debtor is not entitled to restitution as the original decree was modified only regarding interest, and the debtor failed to deposit any amount post-decree execution. Consequently, the rejection of the restitution application by the lower courts was upheld, affirming the principle that restitution is contingent upon the debtor's compliance with the decree's terms.