IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1322 of 2010 In (CIVIL WRIT JURISDICTION CASE 10388/2010) Ravindra Nath Tripathy & Anr Versus The Union of India & Ors ---------------------------------- 2 11.08.2011 Heard learned counsel for the appellants, and Mr.Prashant Vedsan for respondent nos.6 and 7.This appeal under Clause X of the Letters Patent Appeal of the High Court of Judicature at Patna has been preferred by the petitioners of CWJC No. 10388 of 2010, and is aggrieved by order passed by a learned Single Judge on 07.7.2010, whereby prayer for stay of recovery of the amounts in question has been refused during pendency of the writ petition. We have perused the materials on record and considered the submissions of the learned Counsel for the parties. It appears that the writ petition has been preferred to set aside the order of the concerned authorities to recover the computer increment paid to the petitioners. The learned Single Judge by the order in question has directed the respondents to file counter affidavit and, during the pendency of the proceedings before him, declined to stay recovery of the amount in question. Law is well settled that if a lis has been admitted for adjudication, then it becomes the duty of the Court to preserve the subject matter of the litigation so that it is available at the time of final adjudication, and the decree does not become a barren one. Interim order is normally not passed staying recovery of money benefits 2 because in the event of success in the main matter, the victorious party can always be compensated in terms of money, and no irreparable injury will be caused to him. Applying the aforesaid principle of law to the facts and circumstances of the present case, no interim direction is needed to preserve the subject matter of the writ petition. We entirely agree with the order of the learned Single Judge. The present appeal is indeed a frivolous one, burdening this Court with a most unwanted matter. The appeal is dismissed with costs quantified at Rs 10,000/- (Ten thousand), which shall be deposited by the appellants with the High Court Legal Services Committee, Patna, within a period of two weeks, hereafter the writ petition shall proceed. sudha (S.K.Katriar,J) ( Ahsanuddin Amanullah, J.)