1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO. 7108 OF 2009 ... Waman Sukhlal Chaudhari ...PETITIONER and others. V E R S U S Mahadu Sukhlal Chaudhari and others. ..RESPONDENTS. Shri.N. L. Chaudhary, Advocate for the petitioner. Shri S.D.Kaldate, Assistant Government Pleader for the Respondent- CORAM : B.R. GAVAI, J : DATE : 18th JULY, 2009 PER COURT :- 1. Though the present civil application is for modification of the order passed by this Court dated 15th of April, 2009 the application is in the nature of seeking the review of the said order. The applicant is therefore permitted to amend the present application as a review petition. Taken up on the borad. 2- By way of present application, the applicant seeks review to the order passed by this Court dated 15.04.2009. This Court in series of matter has entertained various writ petitions challenging the orders passed by the executing courts wherein the executing courts have insisted upon furnishing of bank guarantee as a condition precedent for withdrawal of the amount deposited under the land acquisition awards. 3- While disposing of various petitions, this court has taken into consideration the fact that award is in the nature of money decree and therefore merely because the State has filed an appeal, before this court insistence of bank guarantee is not permissible. 4- The various benches of this Court taking into consideration this 2 position have disposed off hundred of petitions. 5- In the present case from the perusal of the order of the executing court dated 11.11.2005 it is clear that, bank guarantee has not been insisted because the State has preferred appeal. Bank guarantee has been insisted taking into consideration the fact that there is a dispute between various persons, which is of a civil nature and in order to safeguard the interest of the persons who may or may not succeed in the civil proceeding. It is thus clear that fact in the present case are not at all identical with the facts in the various petitions disposed off by this Court on the ground cited supra. In that view of the matter, application is allowed. The order dated 15.04.2009 is recalled, in so far as Writ petition No.1033 of 2009 is concerned Said writ petition shall be posted for admission. If the present applicants so desires, they can file application for intervention in the said matter, which would be decided in accordance with the law. ( B. R. GAVAI ) JUDGE ..... aaa/ca7108.09