Railway Minister Lalu Prasad Yadav and his wife and former chief minister Rabri Devi will file petition in the Supreme court against the Patna High Court order, which admitted a petition filed by the Bihar government challenging the acquittal of Lalu and Rabri in a disproportionate assets case.

Lawyer Chittranjan Sinha said the couple decided to go in appeal in the apex court against the HC's order holding the petition challenging their acquittal maintainable.

The Patna High Court also adjourned the hearing on Sinha's appeal on Monday that sought a week's time to move the Supreme Court against the order. Last week, the high court admitted a petition by the Bihar government challenging the acquittal of Lalu and his wife. The court posted the matter for admission on Monday. The nine-year-old case is an off-shoot of the fodder scam.

On February 19, the Nitish Kumar government filed a petition in the high court against Lalu and Rabri's acquittal. The state government appealed against the verdict after the CBI, which investigated the case, decided not to challenge the acquittal.

A special CBI court acquitted Lalu and Rabri in the disproportionate assets case on December 18, 2006. According to the case, Lalu amassed assets worth Rs 46 lakh during his tenure as chief minister between 1990 and 1997. Rabri Devi has been named as a co-accused for allegedly abetting the offence.