HEMANTA KUMAR DAS Vs. LILABATI BEWA

JUDGEMENT

(1.) THIS appeal has been preferred against an order granting temporary injunction restraining the appellants from withdrawing the compensation money awarded to their share in a land acquisition proceeding.

(2.) THE facts, in brief, are that 1.294 acres of land were acquired by the State in 1952 in Land Acquisition Case No. 3 of 1952-53. In the course of the said proceeding, the Land Acquisition Collector made a reference u/s. 18 of the Land Acquisition Act to the District Judge, Cuttack which was registered as Misc. Case No. 64 of 1956 (L.A.). In the said proceeding before the Land Acquisition Court, it was held that respondents Nos. 1 to 8 were entitled to one-third interest in the acquired property and the court passed orders apportioning the compensation awarded between the different parties. Respondents Nos. 1 to 8 filed T. S. No. 73 of 1968 to set aside the aforementioned award on grounds of fraud and claimed that they alone are entitled to the entire compensation money amounting to about Rs. 85,000/-. THEy also filed a petition under Order 39, Rules 1 and 2, Civil P. C. for grant of a temporary injunction restraining the present appellants from withdrawing the compensation money awarded to their share by the Land Acquisition Court. THE learned Subordinate Judge allowed this prayer and issued a temporary injunction restraining the appellants from withdrawing their share of the compensation money till disposal of the suit. THE said order is under challenge in this appeal.