- (1.) Challenge in this writ petition is to the orders dated 12th March, 2012 whereby the learned Additional District Judge No.3, Ajmer albeit adjourned the case to 8th May, 2012, but granted liberty to the defendants-petitioners to initiate the execution proceedings before the trial court and the order dated 17.3.2012, whereby he determined the mesne profits of the suit premises to be Rs. 10,000/- for the period w.e.f. 14.11.2006 to March, 2012 and Rs. 13,000/- for the period w.e.f. 1.4.2012 till disposal of the appeal.
(2.) Shorn of unnecessary details, the facts giving rise to the instant writ petition are succinctly stated thus: "The plaintiff-respondent Shri Ram Kripal filed a suit against the petitioners-defendants for eviction and recovery of rent. The said suit was decreed by the trial court vide judgment and decree dated 14.11.2006. Feeling aggrieved by the aforesaid judgment and decree, the petitioners preferred an appeal in the Court of District Judge, Ajmer, which came to be transferred to the court of Additional District Judge No.3, Ajmer. The learned appellate court vide order dated 12.3.2012 granted liberty to the respondent to get the decree executed in view of retraction of consent/undertaking by respondent and the learned appellate court vide its order dated 17.3.2012 while staying the execution of judgment and decree, determined the mesne profit, as indicated here-in-above."
(3.) Heard the learned counsel for the parties and carefully perused the relevant material on record.;