IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.287 of 2006 MOSTT.RAM PATI DEVI wife of Lat Ram Sagar Rai, resident of village- Sri Tola, P.O.- Phatehpur, P.S.- Gauricahak, District- Patna. --------- Appellant Versus 1. SHYAM KUMARI DEVI wife of Sri Tulsi Prasad Yadav, resident of village- Betaura, P.S. Fulwari Shariff, District- Patna. 2. Smt. Sudama Devi wife of Sri Kunj Bihari Lal, resident of village- Balmikichak, P.O.- Anisabad, P.S. Phulwari, District- Patna 3. Ram Prasad Rai son of Late Ganga Yadav, resident of village- Sri Tola, P.S. Gaurichak (Fulwari Shariff), P.O. Phatehpur, District- Patna. --------- Respondents. ----------- 4 19.1.2009 Nobody appears on behalf of the respondents despite the fact that the notices were validly served on the respondents. This application is directed against the order dated 7.7.2006 by which the Sub-Judge, Ist, Patna has granted injunction in favour of the plaintiffs. A suit for partition has been filed on behalf of the plaintiffs claiming share in the suit properties described in the plaint. Part of the suit properties were the subject matter of a Land Acquisition case and an award was prepared in the name of the appellant Mostt Ram Pati Devi wife of Late Ram Sagar Rai. The daughters of the appellant have filed this injunction petition. The Court below has granted status quo and has directed the parties not to sell or transfer the suit premises. The - 2 - appellant before this Court has no objection to that part of the order by which the Court has directed that the suit premises should not be transferred or sold. The appellant objects with respect to that part of the order by which the Court below has directed that the appellant would not be entitled to withdraw the award money until disposal of the suit. The award granted to the appellant in the land acquisition case is admittedly lying with the Land Acquisition Officer, Patna. In the circumstances, it is submitted on behalf of the learned counsel that the appellant would suffer irreparable loss if the money is left in the custody of the Land Acquisition Officer and as such prays that this Court may make some arrangement so that the party eventually granted a decree would not suffer on account of non utilization of the award amount. In the circumstances, I direct that the compensation amount should be deposited in the Court of the Sub-Judge, Ist, Patna who will open a fixed deposit account in the bank and deposit the award money in the fixed deposit in - 3 - the joint name of the parties. The award money will not be withdrawn by either party without the permission of the Court below and that to only on the ground of dire necessity, subject to the conditions which the Court below may impose on the parties. The counsel for the appellant does not raise any objection to the observations aforesaid made by this Court. In the result the appeal is disposed of with the observations aforesaid. Sanjay (Sheema Ali Khan, J.)