ORDER

1. The matter has come up on an application filed by respondents-decree holder for fixation of mesne profit of the suit shop.

2. It appears from the record that the dispute between parties is about one shop measuring 15 X 30 ft. situated at Ward No.2, Raiwasa Wala Katla, outside Bawadi Gate, Sikar, let out in the year 1963 and the present rate of rent is said to be Rs.45 per month, wherein the appellant is carrying on his cloth business. The respondent filed an eviction suit way back in the year 1987 on grounds of default of payment, subletting and on account of death of the original tenant, which was dismissed by the trial Court vide judgment dated 22.01.2005 granting benefit of first default. Respondents filed first appeal, which was allowed vide judgment dated 23.11.2016 and a decree for eviction has been passed against appellant-defendant. The appellant-defendant has preferred this second appeal against the decree for eviction dated 23.11.2016. The second appeal has been admitted for hearing on formulation of substantial questions of law vide order dated 3rd January, 2018. Thereafter respondents-decree holder have filed the present application on 31.08.2021 for seeking fixa