 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Contempt Petition No. 57 of 2009 (Smt. Malini Vasantrao Joshi & 2 ors. Vs. Shri Mohan Ramrao Gaikwad & anr.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B.G. Kulkarni, Adv. for the petitioners. CORAM : Smt. Vasanti A. Naik, J. DATE : 1 st APRIL, 2009 This contempt petition has been filed for initiating an action against the respondents under the provisions of Contempt of Courts Act, 1971. It is the case of the petitioner that in view of a comprise entered into between the petitioners and the respondents, the respondents were liable to perform certain acts and they have failed to perform them, in spite of entering into an agreement on 16/6/2008. The contempt petition cannot be entertained and is liable to be dismissed as the petitioners who were the plaintiffs in Regular Civil Suit No. 208/1998 did not seek a decree in terms of the compromise and had, by an application filed on 16/6/2008 in Regular Civil  Suit No. 208/1998, stated that they desired to withdraw the suit unconditionally. Leave apart, that the decree was not drawn in terms of the compromise, there is also no mention in the application for withdrawal of the suit that the suit is being withdrawn in view of an amicable settlement between the parties in terms of the agreement dated 16/6/2008. By no stretch of imagination it can be said that the respondents have committed contempt of Court by flouting the terms of the agreement dated 16/6/2008, entered into between the petitioners and the respondents. For the reasons aforesaid, the contempt petition is dismissed with no orders as to costs. JUDGE RMP