N.K. Jain, J.-Heard learned Counsel for the parties.

2. Admit.

3. Record of the lower Court be summoned immediately.

4. Shri V.S. Choudhary appears for the plaintiff-respondent, therefore, notice need not be issued.

5. Put up for hearing in due course.

Order on prayer for stay

6. Heard learned Counsel for both the parties on the stay order.

7. Learned Counsel for the plaintiff-respondent contended that the learned lower Court has passed a decree for possession of the disputed premises in favour of the plaintiff-respondent and in case the interim stay is granted then at-least the mense profit at the prevalent market rate of monthly rent be fixed. He contends that at present the prevalent market rate of monthly rate is about Rs. 3,000/-whereas, as per the submission of the learned Counsel for the defendant-appellants, the prevalent market rate of monthly rent of the disputed premises is not more than Rs. 1,500/-.

8. The Honble Supreme Court in Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd., 2005 (1) SCC 705, considered the jurisdiction of the appellate Court while passing order of stay under Order 41 Rule 5 of the CPC and held that the appellat Court has jurisdicti