Short answer. Yes. Rule 39, Section 5 provides that where the executed judgment is reversed totally or partially, or annulled, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. You ask the trial court, by motion, in the same case.
What the law says
Where the executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances.
Rule 39, Section 5 — Effect of reversal of executed judgment. Read the full provision →
The situation the section exists for
Execution does not always wait for the last word. A judgment may be enforced and then overturned — the section contemplates reversal totally or partially, or annulled, on appeal or otherwise — leaving money paid or property delivered under a judgment that no longer stands. Without a corrective, the winner-turned-loser would keep the fruits of a defeated judgment. Section 5 is that corrective: it authorises the trial court to unwind what execution did, to the extent the reversal requires. A partial reversal matters too — restitution then corresponds to the part that fell, not to the whole.
Restitution or reparation, measured by equity
The court may issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances. Two remedies sit in that sentence. Restitution aims at return — giving back what was taken under the executed judgment. Reparation of damages addresses the situation where simple return is no longer possible or no longer enough. The measure of both is deliberately flexible: equity and justice under the circumstances, rather than a fixed formula. That flexibility is a feature, but it also means the outcome depends heavily on what you can show about what was taken and what its loss cost you.
You must move; the court does not act alone
The section operates on motion, in the trial court, within the same case — not through a new lawsuit. That keeps the remedy comparatively fast and cheap, but it places the initiative on you: a reversal does not automatically send the money back. File the motion with the record of the reversal in hand, and be precise about what execution took — amounts levied, property sold or delivered, dates and values. The more exactly the court can see what must be undone, the more completely equity and justice can be made to work in your favour.
Prepare for the limits
Restitution can be complicated by facts on the ground — property that has changed hands, funds that have been dissipated — and this is where the alternative of reparation of damages carries the weight. Gather your proof early: the writ and the sheriff's documentation of what was executed, receipts, valuations, and evidence of consequential losses. Then have counsel frame the motion. The section promises a remedy shaped by the circumstances; how strong that remedy turns out to be is largely a function of how well the circumstances are proved.