ALOK SHARMA,J. - (1.) Under challenge is the order dated 18-5-2016 whereby the executing court rejected the application filed by the petitioner-decree holder (hereafter 'the decree holder') for police help to overcome the obstruction to the execution of the decree dated 11-2-2015 passed by the Additional Civil Judge No.3, Jaipur Metropolitan in an eviction suit.
(2.) The facts of the case are that a suit for eviction being No.28/1989 (15/1995) was filed against the tenant seeking his eviction. It was decreed on 11-2-2015 and the tenant directed to be evicted simultaneously putting the landlord in possession. An appeal No.4/2015 thereagainst was filed by the tenant before the court of Additional District Judge No.16 Jaipur Metropolitan City Jaipur along with an application under Order 41, Rule 5 CPC for staying the operation of the judgment and decree dated 11-2-2015. In reply thereto the decree holder aside of opposing the said application for stay on merits, prayed for mesne profits being granted, in the event of possession of suit property in pursuance of the judgment and decree dated 11-2-2015 being stayed. Vide order dated 8-9-2015, the appellate court (ADJ No.16, Jaipur) while staying the dispossession of the judgment debtor in pursuance to the judgment and decree dated 11-2- 2015 passed by ACJM No.3 Jaipur directed that during currency of the appeal a sum Rs. 15,000/- per month as mesne profits be deposited in court by the appellant tenant. Aggrieved of the order dated 8-9-2015 passed by ADJ No.16, Jaipur, the tenant approached this court in SBCWP No.2673/2016. This court vide interim order dated 11-3-2016 passed, while issuing notice on the petition directed that in the event of mesne profits Rs. 10,000/- w.e.f. 11-2-2015 being deposited within two weeks the tenant would not be evicted from the tenanted premises. Admittedly the said mesne profits as directed by this court vide order dated 11-3-2016 have not been deposited by the tenant. In fact not a penny paid to the landlord. Non deposit of mesne profits, as directed entailed the conditional stay of the decree for the tenant's eviction passed on 11-2-2015 being rendered inoperative.
(3.) The decree holder pursuant to judgment and decree dated 11-2-2015 in the obtaining circumstances moved execution application No.122/2015 before the Executing Court. The Nazir of the court was required by the Executing court to facilitate handing over possession of the suit property to the decree holder. He was obstructed, when he went to the tenanted premises to be got vacated, on 25-2-2016. In the circumstances, the decree holder moved an application on 29-2-2016 before the Executing court seeking police help for execution of the judgment and decree dated 11-2-2015 passed by ACJM No.3 Jaipur. The application filed by the decree holder was opposed by the judgment debtor and dismissed for reason of the decree dated 11-2-2015 not being then executable owing to an interim order dated 4-4-2016 of this court in first appeal No.136/2016 filed by the tenant in another unrelated civil proceedings aggrieved of the dismissal of a suit for specific performance qua the tenanted property filed by Kishan lal father of tenant.;