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2014 (11) TMI 1141 - DELHI HIGH COURTAction for contempt - compromise decree entered - partition proceedings among HUF - Held that:- No doubt, Rajiv Gupta, respondent No. 1, had filed a suit for partition against L.R. Gupta (his father) in the capacity of HUF, his mother and his brother, Sanjay Gupta, which was compromised on 9.1.2006 in terms of which, a compromise decree has been passed. Even if it is assumed that in terms of the compromise, the respondent herein has been able to obtain title to two properties situated in Vasant Vihar and has now tried to retrace his steps so as to wriggle out of the compromise after having obtained an advantage, it does not in my view result in any wilful disobedience of the order passed by the court. In the language of court which passed the order on 9.1.2006, there is no direction, order or judgment passed by the court. All that it is noted in the order is that this is a suit which has been settled in terms of the compromise arrived at between the parties. Thus, in my view, prima facie there is no undertaking given to the court. The petitioner in his petition has already observed that he has already applied for execution of the decree. Having chosen to file an execution petition for getting the decree executed, it is not open, in my view, for the petitioner to file the present contempt petition or in other words, it can be assumed that the present petition has been filed by the petitioner only with a view to bring to bear pressure on the respondents to succumbs to the settlement in terms of the compromise, which cannot be permitted to be done at the instance of one of the parties. The purpose of the contempt proceedings is not to satisfy the whims and fancies of one party nor compel the other party to submit to the dictates of the party, who has filed the contempt petition. The present contempt petition is totally misconceived.
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