PRAKASH GUPTA,J. - (1.) The matter has come up on interim application No.4333 dated 17th February, 2014 filed by the plaintiffs-respondents under Section 151 read with Order 41, Rule 5 of the CPC for grant of mesne profits.
(2.) The co-ordinate Bench on 3rd September, 2012 while admitting the appeal passed the following order on the stay application:- "Heard the learned counsels for the parties. The appeal is admitted on the substantial questions of law. Having regard to the facts and circumstances of the case, the operation and execution of the judgment and decree dated 18.5.12 passed by the appellate is stayed till the pendency of he appeal, on the condition that the appellant shall deposit/pay the rent/mesne profits regularly every month. The hearing of appeal is directed to be expedited."
(3.) Now, the respondents-applicants have filed the present application under Section 151 read with Order 41, Rule 5 CPC claiming rupees one lac per month as mesne profit and to direct the appellant to make payment of arrears of rent amounting to Rs.33,250/- for the period between May, 2001 and May, 2012 along with the interest @ 12% per annum.;