Hi Experts,
Please give me remedy to the following situation.
In execution petition of the money decree, the J-Dr deposited the entire decretal amount as security to stay the sale proceedings of his immovable property until the appeal which was preferred by J-Dr against the decree & judgment in the High Court is disposed of. The Execution Court considered the petition under sec. 151 and closed the EP.
Now, the D-Hr counsel filed a cheque petition for the EP amount.
My questions is whether the cheque petition is maintainable in the eys of law ?
Please advise.