IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 2 DAY OF ArRIL 1998 BEFO RE THE HONBLE MRJUSTICE HN.NARAYAN NO.472 1998 Smt1 Kamaiavva w/o, Haruthi Tambadj Age : Major r/o 4 Idagatti Taluka Djst : Oharwad (By Sri,Pramod Kathavi - Adv) The Special Land Acquisition Officer 1 N 1 H 1 4 Dhrwad Respondent C,RP 4 filed u/sl15 of CPC against the order dated 2O—111997 passed in Ex,Noft524/95 on the file of the Ii Add1 Civil Judge (Sr Dn.) Dharwad 1 rejecting the application filed u/o12 R—i of CC This C 1 RP coming on for admission this day 1 the Court made the following : This matter coming on for admission today 1 it iS taken up final disoosal The reference Court has enchanced certain compensation deposited by the States The State hasalso preferred an appeal before this Court but, failed to obtain the stay orders Therefore, the decree holder filed an aumijoation for disoosal of the said under amount to him and he,kook to offer bank guarantee It is on this voluntary bank guarantee that the Court released the amount in his favour Since the Appellate Court has not granted any stay of the decree passed by the trial Court, he made another application to raise that condition. The trial Court has refused to do so on the ground that bank guarantee was offered voluntarily, 2. This Court in SANGANGOWDA vs SPECIAL L.A.O, U 0 K, PROJECT reported in 1981(2) KLJ,334 has observed that where the decree holder aplies to withdraw the amount deposited by the judgment debtor, it is not open to the executing court to impose an.y condition on the decree holder to bUffer security, merely because the judgment debtor intends to file an aopeal. It is further observed in the said judgment that the executing court should not have concerned —3— itself in the aspect of the case. It was open to the judgm:ntdebtor-State to obtain stay in the appeal filed by it or proposed to be filed by it. There is no stay of the execution of the decree. The State is not aggrieved by the said condition. Therefore the trial Court has comm . itted an irregularity in ia.w in rejecting the application. Therefore, the revision is allowed, The impugned order is set aside, The application filed by the decree holder to release the bank guarantee is accepted, Sd/ JUDGE rs/—