ORDER

Subramonium Prasad, J. - 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 dated 21.09.2012 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 30.09.2017. Apart from this, the Defendants therein (this includes the Petitioner herein) were made to pay a sum of Rs. 1 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:

'f) That the defendants also admit that Smt. Asha Soni plaintiff no.2 now deceased, was the absolute owner of property bearing No.B-2/103 Safdarjung Enclave, New Delhi - 110 029 and after her death by virtue of her registered Will dated 23rd July, 2009 the said property has now devolved upon Shri Vikas Soni and Shri Navin Soni absolutely without any right, title or interest to any other class I legal heirs including defendants. Thus, the said entire property bearing No.B-2/103 Safdarjung Enclave, New Delhi - 110 029 is absolutely owned by Shri Vikas Soni and Shri Navin Soni alone.

j) That since the defendants are hard pressed of the money and the marriage of defendants Shri Piyush Soni and Ms. Shristhi Soni have to be solemnized in December and October, 2012 respectively, the defendants have requested Shri Vikas Soni and Shri Navin Soni to contribute a sum of Rs. 1,00,00,000/- (Rupees One crore only) towards the expenses to be incurred by defendent no.1 on the marriage of defendant nos.2 and 3 which Shri Vikas Soni and Shri Navin Soni have voluntarily agreed to give the same to defendant no.l for enabling him to incur the expenses of marriages of Shri Piyush Soni and Ms. Shristhi Soni. Since the marriage of Ms. Shristhi Soni is fixed on 29th October, 2012, and immediate expenses have to be incurred, therefore, on the request of defendant no.1, Shri Vikas Soni and Shri Navin Soni have agreed to pay the substantial amount in cash and accordingly have paid Rs.80,00,000/- (Rupees Eighty lacs only) in cash to defendant no.1 and Rs.20,00,000/-(Rupees Twenty lacs only) by means of cheque No.937034 dated 17/09/2012 drawn on Indian Overseas Bank, the receipt of which the defendants both hereby acknowledges to have received.

m) That though the applicants have agreed to gift Rs.l crore to defendants, but it has been agreed to be gifted to the defendants only upon the conditions that defendants shall positively vacate the portion of the said premises i.e. ground floor of property bearing No.B-2/103 Safdarjung Enclave, Delhi on or before 30th September, 2017 and shall hand over physical vacant possession of the same to Shri Vikas Soni and Shri Navin Soni or any other person or persons claiming under them without any demur and condition and in this regard undertake to this Hon' ble Court to abide by the said undertaking punctually and absolutely.

n) That the said undertaking has been given by the defendants knowing fully well the consequences of the same and it is agreed between the parties that in case the defendants for any reason whatsoever delays the delivery of possession of the entire ground floor to Shri Vikas Soni and Shri Navin Soni beyond 30th September,