JUDGMENT 1. - By the instant writ petition under Article 227 of the Constitution of India, the order Annex.3 dated 19.3.2008 passed by respondent No. 7 Additional District Judge No. 1, Bhilwara (for short 'the appellate Court' hereinafter) has been challenged. 2. I have heard learned counsel for the parties. 3. It is contended by learned counsel for the petitioner that on a suit filed by the respondent landlord for eviction of the suit premises before the Additional Civil Judge (Senior Division), Bhilwara (for short 'the trial Court' hereinafter) the suit came to be decreed against the petitioner and in favour the respondent landlord. The petitioner preferred an appeal before the appellate Court respondent No. 7 against the decree of eviction. During the pendency of the appeal, the petitioner filed an application under Order 41 Rule 5 C.P.C. seeking staying of the operation of the decree. While staying the operation of the order, vide order impugned dated 19.3.2008, the appellate Court directed the petitioner to pay a sum of Rs. 2500/- per month as mesne profit as against the monthly rent settled between the parties and determined by the trial Court @ Rs. 325/- per month. 4. The grievance of the petitioner is that the appellate Court could have directed to pay the month by month the monthly rent at the rate of Rs. 325/- but not at the rate of Rs. 2500/- per month without there being any adjudication. 5. Having heard learned counsel for the parties, in my view, the order impugned directing the petitioner to pay a sum of Rs. 2500/- per month as mesne profit instead of Rs. 325/- per month cannot be sustained and is laible to be set aside. 6. Accordingly, the writ petition is allowed. The order impugned to the extent directing the petitioner to pay a sum of Rs. 2500/- per month rent is modified to Rs. 325/- per month. However, as to whether the respondent would be entitled for a higher monthly rent is the question to be decided by the appellate Court while deciding the appeal itself and therefore, it is appropriate to direct the appellate Court to hear and decide the appeal filed by the petitioner against the judgment and decree dated 3.11.2007 utmost expeditiously preferably within two months from today.Petition allowed. *******