// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.7026/2007 M/s Maharshi Murti Bhandar, Jhalaniyon Ka Rasta, Chokdi Topkhanadesh, Jaipur Versus Smt. Lalita Devi Wd/o late Shri Radhey Shyam and Another Date of Order ::: 04.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri R.K. Mathur, Counsel for petitioner Shri G.C. Lunia, Counsel for respondent No.1 #### By the Court:- Admit. Heard learned counsel for the parties. Plaintiff-respondent No.1 filed a suit for eviction and recovery of arrears of rent in the trial court, which was decreed. Being aggrieved with the same, the defendant- petitioner preferred an appeal before the first appellate court along-with an application for stay under Order 41 Rule 5 CPC. The first appellate court, vide its order dated 10th August, 2007, stayed the operation of the decree of eviction passed by the trial court on the condition that the defendant-appellant will deposit Rs.4,000/- per month as mesne-profit during the pendency of the appeal. The said order of the first appellate court is under // 2 // challenge in this writ petition preferred on behalf of the defendant. During the course of arguments, the learned counsel for both the parties agree that the amount of Rs.4,000/- may be reduced to Rs.3,000/- per month towards the mesne-profit to be deposited by the defendant during the pendency of the appeal before the first appellate court. On the basis of the consensus arrived at in between the learned counsel for both the parties, the writ petition is disposed of with a direction to the defendant-petitioner to deposit the mesne-profit at the rate of Rs.3,000/- (Rupees three thousand) per month during the pendency of the appeal, from the date of the order passed by the first appellate court. Whatever excess amount has been deposited by the petitioner, the same shall be adjusted in the future mesne-profit. The order of the appellate court stands modified to the above extent. There will be no order as to costs. (Narendra Kumar Jain) J. //Jaiman//