MAHESH CHAND KHANDELWAL Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 13.10.2011, whereby the Additional District Judge (Fast Track) Chomu, District Jaipur although granted stay in favour of the petitioner-appellant, but imposed certain conditions.

(2.) HAVING heard the learned counsel for the petitioner and carefully perused the relevant material on record including the impugned order, it is noticed that the plaintiff-respondents filed a suit for eviction and recovery of rent against the petitioner before the learned trial court, which came to be decreed by the learned trial court vide judgment and decree dated 14.12.2010. Being aggrieved with the judgment and decree of the trial court, the petitioner preferred an appeal together with an application under Order 41 Rule 5 CPC for staying the execution of the judgment and decree passed by the trial court before the appellate court. The learned appellate court although granted stay in favour of the petitioner-appellant, but imposed certain conditions. The learned appellate court while granting stay directed the petitioner-appellant to pay mesne profit of Rs. 1500/- per month instead of Rs. 672/- per month since November, 2011.