ORDER : Dinesh Mehta, J. (IA No. 2221 of 2017) The present application has been filed by the respondent No. 1, inter alia, pointing out that the appellants have not paid proper court fee for which, the interim order dated 11.10.2017 passed by this Court be vacated; and that the appellants be restrained from alienating, transferring or creating any charge upon the land in question. 2. Mr. Anil Vyas, learned counsel for the appellants, at the outset, informs that he has filed the requisite/deficit court fee on 18.01.2018. 3. On the oral request of Mr. Anil Vyas, the delay, in furnishing the court fee, while exercising powers under Section 149 of the Code of Civil Procedure, is condoned. 4. Heard learned counsels for the parties on the prayer for grant of order for restraining the appellants from alienating, transferring or creating any third party rights, interest in relation to the land in question. 5. After hearing learned counsels for the parties, it is deemed appropriate and expedient that the appellants shall inform this Court, while providing a copy to the respondent No. 1, as to whether the land in question has been mortgaged to anyone and if yes, a copy thereof be placed on record. 6. Henceforth, the appellants are further restrained from creating any third party rights or interests in the property in question, either by way of transfer or by way of mortgage etc. 7. They may, however, cultivate and use the subject land. (IA No. 130/2018) 8. The respondent No. 1 has filed the present application praying 'mesne profits' for the possession, being held/enjoyed by the appellants, despite the judgment and decree dated 15.09.2017. 9. Having heard learned counsels for the parties on the application (IA No.130/2018), it is deemed expedient and hence ordered, that effect and execution of the impugned judgment and decree dated 15.09.2017 passed by the learned Additional District Judge No. 2, Hanumangarh in Civil Original Suit No. 104/2016 (CIS No.358/2014) shall remain stayed till disposal of the present appeal, subject to the following conditions :- (i) Appellants shall deposit the entire amount of 'mesne profits' of Rs.16,00,738/- (Rupees Sixteen Lacs Seven Hundred Thirty Eight only) awarded by the Trial Court on or before 30.06.2018. (ii) Appellants shall pay 'mesne profits" of Rs.3,30,000/- (Rupees Three Lacs Thirty thousand only) per annum on or before 15th April of each year.
(ii) Appellants shall pay 'mesne profits" of Rs.3,30,000/- (Rupees Three Lacs Thirty thousand only) per annum on or before 15th April of each year. First such payment shall be made on 15.04.2019. (iii) Appellants shall also pay a consolidated amount of Rs.75,000/- (Rupees Seventy Five thousand only) for retaining the possession, form the date of decree up to 31.03.2018 on or before 15th April, 2018. (iv) The amount aforesaid may be deposited in Trial Court or in the Bank account of the respondents. Learned counsel for the respondents may give relevant particulars to the learned counsel for the appellants within ten days from today, if the Respondents want the amount to be deposited in their account. If the amount is deposited in Trial court, the Respondents shall be entitled to withdraw the same. (v) The appellants shall neither part with the possession nor bring about any material change in the nature and use of the subject premise/land. (vi) Needless to observe that the failure to pay any of the above-mentioned amounts, within the time prescribed, would entail automatic annulment of the order instant. 10. Subject to the modifications and conditions aforesaid, the interim order dated 11.10.2017 shall continue till disposal of the present appeal. 11. Mr. Vipin Mankad having instructions to appear on behalf of all the respondents, accepts notices on behalf of the respondents. The service is, therefore, treated complete. 12. The stay petition stands disposed of accordingly. 13. Let this appeal come up for hearing at its own turn.