[2025:RJ-JP:40450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 706/2022 1. Ramgopal S/o Gordhan (Deceased), R/o Baya, Tehsil Dantaramgarh, District Sikar. 2. Pawan Kumar S/o Ramgopal, R/o Baya, Tehsil Dantaramgarh, District Sikar. 3. Taradevi W/o Ramgopal, R/o Baya, Tehsil Dantaramgarh, District Sikar. ----Appellants-Defendants Versus 1. Dilip Kumar Jain S/o Shri Gyanchand, R/o Bay, Tehsil Dantaramgarh, Dist. Sikar (Raj) 2. Kailash Khetan S/o Moolchand Khetan, R/o 10/26 Jalvayu Vihar, Vidhyadhar Nagar, Jaipur (Raj.) 3. Vivek Khetan S/o Maliram Khetan, R/o 6/409, Vidhyadhar Nagar, Jaipur (Raj.) -------Respondents-Plaintiffs 4. Moolchand Sethi S/o Shri Sohanlal Sethi, R/o Bay Tehsil Dantaramgarh, Dist. Sikar (Raj.), Presently Residing At House No. 18, Eklavya Ward No. 24, New Market, Dallirajhara, Balod (Chhattisgarh) 5. Bhagchand S/o Sohanlal, R/o 268, BLC Colony-2, New Rajendra Nagar, Amlihdih, Raipur (Chhattisgarh) 6. Mahavir Prasad S/o Sohanlal, R/o Bay, Presently Residing At Abad Ward No. 4, Arjunda, Gunderderi, District Balod (Chhattisgarh) 7. Ramchandra S/o Kanmal Alias Kanhaiyalal, R/o Bay Tehsil Dantarmagarh, Dist. Sikar (Raj.) Presently Residing At College Road, Jashpur Nagar, Chhattisgarh. 8. Prakashchand Sethi S/o Kanmal Alias Kanhaiyalal, R/o Bay, Tehsil Dantaramgarh, Dist. Sikar (Raj.) Presently Residing At M.R. Market Mahavir Chowk Ranchi (Jharkhand.) 9. Sharda D/o Ramgopal, R/o Baya, Tehsil Dantaramgarh, District Sikar 10. Kiran D/o Ramgopal R/o Baya, R/o Baya, Tehsil Dantaramgarh, District Sikar 11. Mooli Devi D/o Gordhan, R/o Bay W/o Shri Madanlal Presently Residing At Garh Ke Neeche Ward No. 4, Ramgarh, Tehsil Dantaramgarh, Dist. Sikar (Raj.) ----Proforma Respondents-Defendants For Appellant(s) : Mr. Shantanu Gupta For Respondent(s) : Mr. Mahendra Shah, Sr. Adv. assisted by Ms. Pragya Seth [2025:RJ-JP:40450] (2 of 2) [CFA-706/2022] HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/10/2025 1. The present First Appeal has come up on applications (1/2023 & 3/2023) filed by and on behalf of respondents-decree holder seeking to vacate the stay order dated 16.11.2022 passed in ex parte. 2. Vide interim stay order dated 16.11.2022, the execution of decree for possession passed in favour of respondents-plaintiffs has been stayed and appellants have also been directed not to create any third party interest in the suit property. 3. Counsel for respondents-plaintiffs submits that if stay is not vacated and confirmed then at least, the amount of mesne profit as determined by the trial Court vide judgment impugned dated 19.09.2022 be suitably enhanced and directed to be paid by the appellant to enjoy stay order. 4. It is noteworthy that this Court has not determined any mesne profit nor has stayed the order to pay mesne profit as fixed by the trial Court. If respondents-plaintiff seeks to enhance that mesne profit, respondents-plaintiffs are at liberty to file cross objections seeking to enhance the mesne profits determined by the trial Court in the judgment impugned while deciding the issue No.3. 5. With the aforesaid liberty to respondents-plaintiffs, interim stay order dated 16.11.2022 is hereby made absolute and both misc. applications for vacation of stay stand dismissed as withdrawn. 6. Accordingly, stay application stands disposed of. (SUDESH BANSAL),J NITIN /23