1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.8917 of 2009. Shri Kanti Swarup Asawa son of Shri Parsaram. VERSUS Shri Mathura Prasad Gulab Devi Arya Kanya Pathshala Education Trust Society and Another Date of Order :::: 24/08/2009 Hon'ble Mr. Justice Dalip Singh Mr. Rajeev Surana, Counsel for the Petitioner. Per Court : Heard learned counsel for the petitioner and perused the impugned order. The submission of the learned counsel for the petitioner is that increasing the amount of rent from Rs.20/- to Rs.500/- per month and passing a conditional order of stay of execution of the decree is unreasonable and, therefore, should be stayed. Heard learned counsel for the petitioner and perused the impugned order passed by the learned Lower Appellate Court. 2 The learned Lower Appellate Court has taken into account the rent being fetched in the neighborhood, which is nearby the area opposite St. Ansalem School, Ajmer and near the Government College, which is now known as M.D.S. University, Ajmer. The premises consists of two residential rooms, which can be let out to students. In the facts and circumstances of the present case looking to the fact that the petitioner is in occupation of premises consisting of two rooms, which can easily be let out to the students wanting to take up residents near the education institution in absence of hostel accommodation, this Court does not find that the mesne-profits for use and occupation fixed by the learned Lower Appellate Court to be unreasonable so as to call for any interference in the writ jurisdiction. The order does not suffer from jurisdictional error as an appellate Court dealing with an application for staying the execution under Order 41 Rule 5, C.P.C. in appeal has the jurisdiction to lay down terms for staying execution of the decree. In the facts and circumstances of the present case, I find no justification to interfere in the writ jurisdiction. This writ petition is accordingly dismissed. Learned counsel for the petitioner prays that some reasonable time may be allowed to the petitioner to deposit the amount in terms of the order dated 08.05.2009 @ Rs.500/- per 3 month. Four week's time is allowed to the petitioner to deposit the amount. Subject to the above, the writ petition stands dismissed. (Dalip Singh) J. ashok/