(1.) An appeal under Sec. 19 of the Contempt of Courts Act, 1971 has been filed against the Order dtd. 19/4/2022 vide which the appellants have been held guilty of contempt and liable for punishment under Sec. 12 of the Contempt of Courts Act, 1971 for committing breach of consent Decree dtd. 14/3/2012.
(2.) The Contempt arises from the Consent Decree dtd. 14/3/2012 passed in Civil Suit CS (OS) 1547/2006 that was filed by one Sh. R.N. Kapur for Declaration, Partition, Possession, Permanent and Mandatory Injunction against his sister-in-laws. Smt. Kamla Gupta, Indra Pasricha and Raksha were the three sisters. Sh. R.N. Kapur was married to Raksha (the sister) and they had been residing on the ground floor of the property No. E-54, Panchsheel Park, New Delhi-110017 (hereinafter referred to as 'suit property'), of which Smt. Indira Pasricha was the owner, having inherited the suit property from her late sister Kamla Gupta vide registered Will dtd. 4/10/2006. Upon the demise of Smt. Raksha, Sh. R.N. Kapur filed a Civil Suit bearing No. CS (OS) 1547/2006 for Declaration and Partition claiming himself to be the owner of the suit property. The suit was settled vide Settlement Agreement dtd. 24/10/2011, before the Delhi High Court Mediation and Conciliation Centre in the following terms:
(3.) Accordingly, the suit was decreed on 14/3/2012 in terms of the Settlement Agreement on the joint application under Order XXIII Rule 1 and 3 read with Sec. 151 CPC filed before the Court. .