JUDGMENT

This matter has come-up on misc. application No.48366/2019,filed under Order 41 Rule 5 read with Section 151 of CPC, to direct the appellants to pay the mesne profits as per the prevailing rate (@ Rs. 10,300/- per month) w.e.f. 01.07.2019 onwards until the decision of this first appeal.

It has been submitted that the appellants have filed the present first appeal against the judgment and decree dated 24.03.2018, whereby and whereunder, respondent-applicant has been entitled to get the possession of the suit property along with mesne profits. The possession of the appellants over the suit property is unauthorized, particularly after passing of the judgment and decree. However, in the first appeal, vide order dated 28.05.2019, this Court had protected the possession of appellants by staying the execution of the impugned decree during the course of pendency of first appeal, subject to mesne profits as ordered in the impugned decree. Simultaneously, liberty was granted to the respondent/plaintiff to move application for enhancement of amount of mesne profits.

The suit property is a plot. As per its location, standing construction and use, the market has been assessed by the Chart