1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CONTEMPT PETITION NO.68 OF 2009 in first appeal No.628 of 2005. Smt.Padma wd/o Bhimrao Gourkhede ..vs.. Smt.Raju @ Rajashri Bhimrao Gourkhede and anr. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 5th November, 2009. 1. Heard Mr.S.D.Malke, learned counsel for the petitioner and Mr.N.N.Mothghare, learned counsel for respondent no.2. 2. This application has been filed for taking an action for contempt of court against the respondents. 3. A petition was filed before the Family Court by the present petitioner claiming that she was the legally wedded wife of Bhimrao and that Rajashri – respondent no.1 was the second wife. The said suit was decreed. As a 2 result of that respondent no.1 herein preferred first appeal before the High Court. In the said appeal respondent no.2 was also joined as respondent. The said appeal was referred to Lokadalat for compromise. A compromise was arrived at between the present petitioner and the respondents. It was agreed that present petitioners would get 40% of the pension amount as well the gratuity etc. while respondent no.1 would get 60% of the mount of pension and gratuity etc. Accordingly the said compromise was recorded by the Lokadalat and a decree was directed to be drawn. Since the said decree was not complied, this petition has been filed. 4. At the outset, it must be mentioned that the contempt petition could not lie at all since the decree has been drawn. A decree can be put to execution if it is not complied with or executed. The person obtaining a decree has a right to execute the decree under the provisions of the Civil Procedure Code. Be that as it may, even otherwise respondent no.2 has agreed to the apportionment of pensionary benefits according to the compromise and resolution to that effect is placed on record. In view of this, nothing survives in petition. The petition stands disposed of and notice stands discharged. JUDGE. Chute 3