RAMAKRISHNA, J. ( 1 ) THIS Revision Petition under Section 115 of the Code of Civil Procedure is against the order made in Execution Case No. 20/87 on the file of the Court of the I Munsiff, Dharwar, dated 18th of April, 1987. ( 2 ) THE facts leading to the filing of the revision petition are as follows: venkatesh Sesha Itagi, the first respondent herein (since deceased by his L. Rs.) filed a suit in O. S. 45/1975 in the Court of the Prl. Munsiff, dharwar on 11-2-1975 seeking to recover two sums of money (1) Rs. 1,000/- and (2) Rs. 1,500/- from the petitioner herein. By an. order made on 30th of September, 1987, the suit came to be decreed in respect of Rs. 1,000/- and it was dismissed in respect of Rs. 1,500/ -. As against the decree passed by the Court below, R. A. No. 70/1977 came to be filed by the petitioner-defendant and the appeal came to be dismissed. R. A. No. 71/1977 presented by the plaintiff as against the dismissal of the suit came to be allowed and the suit was decreed for a sum of Rs. 2,500/- with interest at 12% from the date of the suit alongwith costs. ( 3 ) AS against the decision rendered by the Appellate Court in R. A. Nos. 70 and 71/1977, the petitioner-defendant preferred C. R. Ps. 2132 and 3028/1982 before this Court. This Court by a common order made on 28-11-1986 disposed of both the revision petitions holding that the order made in R. A. 71/1977 on 16-6-1980 was improper. Hence it came to be reversed and the order of dismissal of suit in O. S. 45/1975 came to be restored. ( 4 ) IN the meanwhile, the decree holder-first respondent executed the decree in Execution case No. 104/1981 on 13-10-1981. In the said execution petition, he claimed a sum of Rs. 5, 112-67 ps. pursuant to the order made both in R. A. 70/1977 and R. A. 71/1977. ( 5 ) IT is necessary to mention here that during the pendency of the execution proceed ings a sum of Rs. 1,729. 15 ps. came to be deposited on 5-7-1980. This amount is towards the decree that came to be confirmed in R. A. No. 70/1977. This amount included not only the decretal amount but also the costs. ( 5 ) IT is necessary to mention here that during the pendency of the execution proceed ings a sum of Rs. 1,729. 15 ps. came to be deposited on 5-7-1980. This amount is towards the decree that came to be confirmed in R. A. No. 70/1977. This amount included not only the decretal amount but also the costs. It is also necessary to mention here that that amount came to be realised by the decree holder from the court. ( 6 ) ON 13th October, 1981, it was pointed out, a sum of Rs. 3,334-96 Ps. came to be recovered in Ex. No. 104/1981 and valid stamp receipt was given by R. M. Vaidya, learned Counsel appearing for the decree-holder. ( 7 ) THIS revision petition is on account of the reversal of the decree in R. A. 71/1977 and restoration of the order dismissing the suit in O. S. 45/1975 on the file of the Principal Court of Munsiff, dharwar with regard to Rs. 1,500/ -. The petitioner contended that he is entitled to refund of the excess amount paid by him. ( 8 ) A legal notice came to be issued on 5-2-1987 calling upon the first respondent-decree holder to deposit a sum of Rs. 5, 177-67 Ps. within 15 days, a detailed calculation of which as shown on Page 2 of the notice is as follows:-