NAVIN SONI Vs. MUNISH SONI

JUDGEMENT

(1.) The instant contempt petition has been filed for initiating contempt proceedings against the Respondent No.1 for violating the undertaking given to the Court in the Order dtd. 21/9/2012 passed by this Court in CS (OS) 2077/2006.

(2.) Shorn of details, the facts leading to the filing of the instant contempt petition are that a suit for possession, permanent injunction and for mesne profit/damages was filed against the Respondents by one Badri Prakash Soni, who was the father of the Petitioner and the Respondent No.1. During the pendency of the suit, the parents Badri Prakash Soni and Asha Soni passed away, and Vikas Soni and Navin Soni (Petitioner herein) were impleaded in lieu of the deceased parents.

(3.) In the suit, the parties, who are related to each other, entered into a compromise. Under the said compromise, the Respondents Munish Soni and Piyush Soni agreed to handover the ground floor of the premises, i.e. B- 2/103, Safdarjung Enclave, New Delhi, to the Petitioner on or before 30/9/2017. Apart from this, the Defendants therein (this includes the Petitioner herein) were made to pay a sum of Rs.1.00 Crore under the said compromise. An application under Order XXIII Rule 3 of the CPC was filed. The relevant portions of the said application reads as under: