(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 11505 of 2009 (In Civil Application No. 8753 of 2009) (In Writ Petition No. 7667 of 2008) 1. Shankarrao s/o. Sidhijivan Deshmukh, Age : 62 years, Occupation : Agriculture, R/o. Ambegaon, Taluka : Nilanga, District : Latur. 2. Shobha w/o. Malikarjun Kudumbale, Age : 48 years, Occupation : Agriculture, R/o. Nilanga, .. Applicants Taluka : Nilanga, (Original District : Latur. applicants) versus 1. The State of Maharashtra. 2. The Collector, Latur. 3. The Sub-Divisional Officer, Udgir Division, Udgir, District : Latur. 4. The District Deputy Registrar, Cooperative Societies, Latur. 5. The Director of Marketing, Maharashtra State, Pune. (2) 6. The Agricultural Produce Market Committee, Nilanga, through its Secretary, Nilanga, .. Respondents Taluka : Nilanga, (Original District : Latur. respondents) ....................... Mr. S.S. Manale, Advocate, for the applicants. Smt. S.D. Shelke, Assistant Government Pleader, for non-applicant nos.1 to 5. Mr. S.M. VIbhute, Advocate, for non-applicant no.6. ........................ CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 5TH NOVEMBER 2009. COURT'S ORDER : 1. The applicants have moved this court for modification of the order dated 18th September 2009, passed in Civil Application No. 8753/2009. 2. By order dated 18th September 2009, in Civil Application No. 8753/2009, we have already permitted the present applicants to withdrawn fifty percent of the amount without furnishing any surety. However, the remaining fifty percent amount has been permitted to be (3) withdrawn on furnishing solvent surety to the satisfaction of the learned Judge of the executing court. 3. It appears that there is some confusion with respect to the orders passed in Civil Application No. 8753/2009 (filed in Writ Petition No. 7667/2008) and the order passed in Civil Application No. 8857/2009 (filed in First Appeal No. 1210/2008) 4. Vide the order passed in Civil Application No. 8857/2009, we have granted stay since the amount was already deposited in the executing court. 5. Both the orders are to be read together. We, therefore, clarify that the present applicants shall be entitled to withdraw the amount deposited in the executing court, as per the orders passed in Civil Application No. 8753/2009, dated 18th September 2009. 6. Civil Application accordingly disposed of. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca11505