THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO C.M.A No.953 OF 2010 JUDGMENT: (Per the Hon’ble Sri Justice N.V. Ramana) The appellants-plaintiffs filed this appeal against the order, dated 20.10.2010 passed in I.A.No.666 of 2010 in O.S.No.42 of 2010 by the learned I Additional District Judge, Mahabubnagar. The facts that are necessary for disposal of the case are: The appellants-plaintiffs filed the above suit claiming share in the compensation amount awarded in O.P.No.72 of 2009. The plaintiffs and defendants 1 and 2 in the above suit are sisters and brothers and they are the issues of late Pedda Gattaiah. The land admeasuring Ac.12-04 guntas in Sy.No.475/1 situated at Dagadapally village of Weepangandla Mandal was acquired by the 3rd defendant and out of the land acquired, an extent of Ac.4-04 guntas was owned and possessed by the mother of the parties to the suit and she died leaving behind the plaintiffs and defendants as her legal heirs, and that the plaintiffs 1 to 4 and the defendants 1 and 2 are each entitled to 1/6th share equal to an extent of Ac.0.27 guntas in favour of each of them and out of remaining Ac.8.00 of land, Ac.1.20 guntas belongs to plaintiff No.1; Ac.2.20 guntas belongs to plaintiff No.2; Ac.1.20 guntas belongs to the 1st defendant; and Ac.2.20 guntas belongs to the 2nd defendant. An award bearing No.6 of 2005 was passed on 29.1.2005. In the said award, the names of all the parties are mentioned as owners and possessors of their respective shares, but without their knowledge and consent, the entire compensation was paid by the 3rd defendant to the 1st defendant. The said award was referred to the Senior Civil Judge at Wanaparthy for enhancement of compensation and on completion of enquiry, the said O.P. was allowed fixing compensation at Rs.115/- per sq. yard along with 12% additional market value, 30% solatium, 9% interest from the date of notification for a period of one year and 15% interest on the market value, additional market value and solatium from 1.11.2005 till realization of the entire amount. The plaintiffs also filed I.A.No.666 of 2010 in the above suit under Order 38 Rule 5 of CPC seeking attachment of the decree passed in O.P.No.72 of 2009 on the file of the Senior Civil Judge, Wanaparthy, before judgment, stating that taking advantage of the decree passed, the 1st defendant is trying to take away the entire amount and to leave the jurisdiction of the Court and if he does so, nothing survives in the suit. The trial Court dismissed the said application. Challenging the same, the present appeal is preferred by the plaintiffs. When the matter was taken up for hearing, on the suggestion of the Court, both the Counsel got instructions from their respective parties and submitted that in view of the relationship between the parties both the parties are willing to wait till disposal of the suit. According to the learned Counsel for the appellants-plaintiffs, the disputed compensation amount is only with reference to Ac.6.28 guntas, to which the appellants-plaintiffs are entitled and therefore, the respondent may be directed not to withdraw the same. The learned Counsel for the respondent conceded for the same. In the above circumstances, the sole respondent herein is hereby restrained from withdrawing the compensation to the extent of Ac.6.28 guntas pending disposal of the suit. With the above direction, the CMA is disposed of. No order as to costs. However, the Court below is directed to expedite the hearing of the suit. ___________________ Justice N.V. Ramana _____________________ Justice K.S. Appa Rao Date: 23.6.2011 Nn. THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE K.S. APPA RAO C.M.A No.953 OF 2010 (Judgment delivered by the Hon’ble Sri Justice N.V. Ramana) 23.6.2010