The judgment emphasizes the finality of judgments, the principle of res judicata, and the obligation to prevent undue enrichment through the abuse of legal process.

JUDGMENT

Raj Mohan Singh, J. - Petitioner/Municipal Committee/Council has preferred this revision petition against the order dated 24.05.2019 passed by the Executing Court/Additional Civil Judge (Senior Division), Jalalabad(W), vide which the application filed by the petitioner/judgment debtor for dismissal of the execution petition filed by the decree holders/respondents No.1 and 2 for enforcement of the decree for mandatory injunction being time barred was dismissed.

2. Some facts are necessary to be noticed. In the year 1979, Municipal Committee/Council, Jalalabad had taken the land of respondents No.1 and 2 for carving out streets without acquiring the same. Respondents No.1 and 2 filed a suit for mandatory injunction, directing the Municipal Committee/Council, Jalalabad for implementing the building scheme Nos.1 and 2 after assessing the compensation as per demarcation made by Patwari on 27.05.1985 after removing the illegal construction made by the petitioner and respondents No.3 to 5 in the shape of shop on the land of the plaintiffs/respondents No.1 and 2 herein with the consequential relief of permanent injunction, restraining the Municipal Committee/Council, Jalalabad from making construction on the land of the plaintiffs/respondents No.1 and 2 without demarcation and from demolishing the construction made by the plaintiffs/respondents No.1 and 2.

3. Trial Court dismissed the suit vide judgment and decree dated 21.12.1993 merely on the ground that the plaintiffs have failed to establish how much land was acquired and further if at all, the plaintiffs wanted the compensation for the land, they could move the proper Forum for compensation. Trial Court further recorded a finding that the relief of mandatory injunction cannot be granted since there was no breach of obligation specially when the plaintiffs have their legal remedies before the appropriate authority who has acquired the land for assessment of the compensation and for payment of the same.

4. In the appeal preferred by the plaintiffs before the Lower Appellate Court, the judgment and decree of the trial Court was modified vide judgment and decree dated 19.11.1999 passed by the Lower Appellate Court. Municipal Committee/Council was directed to implement the building plan in letters and spirit.

5. Plaintiff/Respondents No.1 and 2 filed RSA No.1871 of 2000 in the High Court. The said regular second appeal was disposed of on 12.05.2000 with certain directions to be complied with, within six months. The operative part of the order reads as under:-

"After hearing the learned counsel for the appellant, this Court is of the considered opinion that the judgment dated 19.11.1999 requires some clarification/modification. Both the Courts have come to the conclusion that the Municipal Committee, Jalalabad formulated a scheme, but failed to implement the same in letter and spirit. Directions were accordingly given rightly by the first Appellate Court that Municipal Committee is directed to implement the scheme in letter and spirit.

The grouse of the plaintiff appellants is that in spite of the fact that it is the admitted case of the Municipal Committee that the land of the plaintiff appellants is being utilized by it for the purpose of streets, but no provision for compensation has been made nor any compensation has been paid to them.

The learned counsel for the appellants states that his clients would be satisfied if directions are given to the Municipal Committee that if it has utilized the land of the plaintiffs, either it should pay the compensation or should take suitable steps within a reasonable time for the payment of compensation to the plaintiffs. I find genuineness in the arguments of the learned counsel for the appellants. In these circumstances, the present appeal is disposed of with the directions to Municipal Committee, Jallalabad that if the land of the plaintiffs has been utilized in order to lay out the streets and it wants to acquire that area for laying