ARUN BHANSALI,J. - (1.) The matter comes upon an application filed by the appellant for modification in order dated 25.8.2020 passed by this Court.
(2.) The present appeal was filed by the appellant aggrieved against judgment and decree dated 3.10.2019 passed by Additional District Judge No.2, Abu Road, District Sirohi, where by, the suit filed by the plaintiff for eviction, arrears of rent and damages was allowed.
(3.) When the appeal came up before the Court for admission on 25.8.2020, after hearing the parties, this Court inter alia passed the following order:- "Heard learned counsel for the parties. Admit. Issue notice. Mr. Rishabh Purohit, learned counsel appears for the respondent Nos. 1/1 to 1/5. Issue notice to respondent No.2 only. Heard on stay application. During pendency of the appeal, execution of the impugned judgment and decree dated 03.10.2019 shall remain stayed subject to the appellant depositing the amount of mesne profit as directed by the trial court within a period of two months. Besides deposit of amount of mesne profit till the period 31.08.2020, the appellant would be required to deposit a sum of Rs.1500/- per month w.e.f. 01.09.2020. The amount be deposited by 15th of each subsequent month. The amount of arrears of mesne profit as decreed by the trial court and month to month amount be deposited in the saving bank account of the respondent No.1. The particulars whereof be supplied by learned counsel for the respondents to learned counsel for the appellant within a period of ten days. On failure to deposit the amount of mesne profit as decreed by the trial court or three consecutive failure in depositing the monthly amount of mesne profit, interim order granted by this Court shall stand vacated automatically without reference to the Court. The stay application stands disposed of." ;