URMILA SALWAN Vs. KASTURI LAL BHATIA

JUDGEMENT

(1.) This petition under Sections 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India has been filed with the purpose of bringing to the attention of the Court certain acts of the Respondent which allegedly tantamount to contempt of Court.

(2.) The facts are that a Suit. No. 802/93 was filed seeking an injunction for restraining late Shri Ramesh Datt Salwan from interfering in any manner with the possession of Shri Kasluri Lal and M/s. Romica Enterprises (the plaintiffs in the suit) and from restraining him from defacing, damaging or carrying, out erections in premises commonly known as G-9, Marina Arcade, Connaught Place, New Delhi. In this suit a decree was passed pursuant to an application filed by the parties under Order 23, Rule 3 of the Code of Civil Procedure being I.A. No. 4661/93. The Memorandum of Understanding dated 22.4.1993 formed the basis of the compromise. This application is a short one and is reproduced below :

(3.) Mr. P.N. Lekhi, learned Senior counsel appearing on behalf of petitioners has relief on Clause 4 of the Memorandum of Understanding which is also reproduced below: