Non-compliance with specific court directions and lack of justification for non-compliance may lead to the dismissal of an application seeking modification of an order.

JUDGMENT

1. The matter comes upon an application filed by the appellant for modification in order dated 25.8.2020 passed by this Court.

2. The present appeal was filed by the appellant aggrieved against judgment and decree dated 3.10.2019 passed by Additional District Judge No.2, Abu Road, District Sirohi, where by, the suit filed by the plaintiff for eviction, arrears of rent and damages was allowed.

3. When the appeal came up before the Court for admission on 25.8.2020, after hearing the parties, this Court inter alia passed the following order:-

"Heard learned counsel for the parties.

Admit. Issue notice.

Mr. Rishabh Purohit, learned counsel appears for the respondent Nos. 1/1 to 1/5.

Issue notice to respondent No.2 only.

Heard on stay application.

During pendency of the appeal, execution of the impugned judgment & decree dated 03.10.2019 shall remain stayed subject to the appellant depositing the amount of mesne profit as directed by the trial court within a period of two months.

Besides deposit of amount of mesne profit till the period 31.08.2020, the appellant would be required to deposit a sum of Rs.1500/- per month w.e.f. 01.09.2020. The amount be deposited by 15th of each subsequent month. The amount of arrears of mesne profit as decreed by the trial court and month to month amount be deposited in the saving bank account of the respondent No.1. The particulars whereof be supplied by learned counsel for the respondents to learned counsel for the appellant within a period of ten days.

On failure to deposit the amount of mesne profit as decreed by the trial court or three consecutive failure in depositing the monthly amount of mesne profit, interim order granted by this Court shall stand vacated automatically without reference to the Court.

The stay application stands disposed of."

4. Whereafter, on 13.1.2021, an application seeking extension of the interim order granted by the Court was filed by the appellant with the prayer that the interim order be extended for appropriate time and the order dated 5.12.2020 passed by the Executing Court be quashed and set aside.

5. The application was responded to by learned counsel for the respondents.

6. Whereafter, when the matter came up before a Coordinate Bench of this court on 1.2.2021, learned counsel for the appellant did not press the application for extension of stay order dated 25.8.2020 and sought liberty to file an appropriate application for the redressal of his grievances. Based on the said submission, the application for extension of time was dismissed.

7. In the present application seeking modification in order dated 25.8.2020, it is indicated that appellant's economic condition is very poor, he was not able to pay the mesne profit in terms of order dated 25.8.2020, his wife was also ill at that time and that the applicant did not intentionally disobeyed the directions of the Court and would follow the same strictly in future and, therefore, the order dated 25.8.2020 be modified and the order dated 5.12.2020 be quashed and set aside.

8. Learned counsel for the applicant made submissions that though the directions given by the Court on 25.8.2020 were specific providing for deposit of the amount of arrears and month to month mesne profit and consequences on failure to do so, however, the applicant could not deposit the amount of arrears in time and even the amount of month to month mesne profit also could not be deposited in time and, therefore, earlier the application for extending the interim order was filed and now the same may be modified.

9. Submissions have also been made that on account of failure to deposit the amount within the time granted by the Court, the Executing Court on 5.12.2020 has ordered for issuance of warrant of possession and, therefore, appropriate order in this regard may also be passed.

10. Learned counsel for the respondents vehemently opposed the submissions. It was submitted that the appellant was required to deposit the amount of arrears of mesne profit with