CMP.No. 1078 of 2008 IN RFA.No.298/2007. 1.1.2009. Present: Mr.Anil Jaswal, Deputy Advocate General for the Appellants. Mr. G.D.Verma, Sr.Advocate with Mr.B.C.Verma, Advocate for the respondent. Mr.Rupinder Singh, Advocate for the Applicant Sh.Satya Paul, bonafide purchaser stepped in to the shoes of Sh. Bal Krishan. Said Sh.Bal Krishan claimed his title by virtue of a Will dated 12th February, 1985 executed in his favour by the original owner Sh.Matha Ram. This Court in terms of judgment dated 11th January, 2008 in RSA.No. 62 of 1999 titled as Sh.Bal Kishan and others Vs. Smt. Shangri Devi and others has upheld the judgment and decree dated 10th December, 1998 passed by the District Judge wherein it has been held that the said will was not executed by late Sh.Matha Ram. The present applicant Smt. Shangri Devi widow of late Sh.Matha Ram as his legal heir has filed the present application for withdrawal of the awarded amount. The present appeal was decided vide judgment dated 24th September, 2008 and the instant application was filed on 17th October, 2008. During the pendancy of the present appeal the decree passed by the District Judge and the pendancy of the R.S.A. before this Court was not brought to the notice of the Court. The instant application is opposed by Sh. Satya Paul the original land reference petitioner who is respondent/D.H. in the appeal on the ground that the said respondent is the decree holder and as such the amount cannot be claimed or received by any other person. The dispute having arisen with regard to the entitlement of the decretal amount, in my considered view, is the question which cannot be decided here. It would be open for the decree holder to file the execution petition within a period of three months from today wherein the present applicant can raise all such objections as he may be entitled to in accordance with law. Needless to add it is always open for the applicant to initiate any other proceedings as may be permissible in accordance with law. Mr. Verma has fairly stated that the disbursement of the decretal amount would be subject to the orders passed by the executing Court. The amount deposited in this Court shall remain here and shall be released on such order which may be passed by the Executing Court in the execution petition. The application stands dismissed. (Sanjay Karol),J. January 1, 2009(R)