JUDGMENT

J.K. Maheshwari, J.

Leave granted.

2. Plaintiffs/Respondents being the owners of the suit property situated at Plot No.1, Block No.D-1, Nagar Nigam No.2844 known as Khinduka Bhawan, New Colony, Jaipur filed a suit bearing No.4/2016 (9/2002) for eviction, possession, recovery of rent and permanent injunction. The said suit was filed in November 2002 invoking the Provisions of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred as Old Act). The suit was decreed vide judgment dated 03.06.2016 passed by Senior Civil Judge No.7, Jaipur. On filing the appeal bearing No.11/2016 before Additional District Judge No.10, Jaipur, it was dismissed on 10.01.2017 confirming the judgment of the Trial Court. The Second Appeal No.144/2017 was filed challenging both the judgments before the High Court which was admitted vide order dated 14.10.2017 granting stay on ejectment. The order of stay was extended time to time. On filing an application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure (in short CPC) by the Plaintiffs/Respondents asking mesne profit due to continuation of stay on eviction decree it was decided vide