JAINENDRA KUMAR RANKA,J. - (1.) The instant misc. application has been filed on behalf of the appellant(s) under section 151 read with Section 148 CPC for extension of time upto 16.3.2016 to deposit the arrears of mesne profits for the period 25.5.2015 to 25.11.2015, for a period of six months, amounting to Rs.1.5 lakh in pursuance to the order dt 12.10.2015 passed by this court while admitting the appeal and in granting stay.
(2.) The brief facts noticed are that a decree was passed by the trial court on 25.5.2015 in relation to the suit property D-8, Vaishali Nagar, Jaipur, and the appellant(s) filed an appeal before this court, and this court after hearing all the learned counsel for the parties on 12.10.2015, admitted the appeal. Simultaneously following order came to be passed insofar as payment of mesne profits by the appellant(s) to the respondent and it would be relevant to quote para 5 of the order:- In that view of the matter, the execution of the impugned decree is stayed on the condition that the appellants shall pay mesne profits @ 25,000/- per month to the respondent No.1 with effect from the date of decree, pending the appeal. The appellants shall pay the arrears within four weeks from today, and continue to pay mesne profits regularly as directed. It is needless to say that if the appellants fail to deposit the mesne profits as directed consecutively for two months, the respondent No.1 shall be at liberty to execute the decree without any further order from the Court. The appellants shall also not sell, transfer, alienate or create any third party interest in the suit premises. Learned counsel for the respondent No.1 is directed to furnish the number of her bank account to enable the appellants to deposit the said mesne profits, within one week from today failing which the mesne profits shall be deposited by the appellants before the trial court and the respondent No.1 shall be at liberty to withdraw the same.
(3.) The direction, inter alia, for the appellants was that an amount of Rs.25,000/- was to be paid on month to month basis regularly and insofar as the arrears are concerned i.e. from the date of decree to the passing of the said order, the said amount was to be deposited within a period of four weeks from today (12.10.2015), and it is also clear that in case the appellants fail to deposit the arrears consecutively for two months, the respondent was granted liberty to execute the decree without any further order from the court and it was also directed that the respondent shall provide copy of the bank account.;