Surya Prakash Kesarwani, J. - (1.) Heard Sri S. Shekhar, learned standing counsel for the petitioners judgment debtors.
(2.) Briefly stated facts of the case are that according to the respondent decree holder, his Sankramaniya Bhoomidhari land measuring 1 bigha 10 biswas 5 biswansis being khasra plot Nos.32, 33 and 2/851 situate in village Korath, Tehsil Bah, District, Agra was occupied and a canal under "Chambal Dal Pariyojna" was constructed over it. The aforesaid scheme was notified in the year 1987. Since the petitioners judgment debtors illegally, unauthorisedly and unconstitutionally occupied the land of the respondent decree holder and constructed a canal over it, therefore, the respondent/ plaintiff-decree holder started agitating. He approached the authorities several times but nothing was done. Ultimately, he filed O.S. No.553 of 1997, which was decided by judgment and decree dated 27.03.2010 passed by the Additional Civil Judge (Senior Division), Court No.5, Agra. Issue No.1 was framed to the effect as to whether land of the respondent decree holder measuring 1 bigha 10 biswas 5 biswansis of khasra plot Nos.32, 33 and 2/851, has been taken by the petitioners judgment debtors in construction of canal This issue was decided in affirmative i.e. in favour of the respondent decree holder and against the petitioners judgment debtors. Other issues were also decided by the trial court in favour of the respondent decree holder. The operative portion of the judgment dated 27.03.2010 passed by the Additional Civil Judge (SD), Court No.5, Agra, in O.S. No.553 of 1997, is reproduced below: ...[VERNACULAR TEXT OMITTED]...
(3.) The suit was decreed in respect of total area measuring 1 bigha 10 biswas 5 biswansis. Aggrieved with the aforesaid judgment of the trial court, the petitioners judgment debtors filed a Civil Appeal No.229 of 2011 (State of U.P. and others vs. Bheem Singh), which was decided by judgment dated 22.04.2013 passed by the Additional District Judge, Court No.5, Agra. The operative portion of the judgment is reproduced below: ...[VERNACULAR TEXT OMITTED]...;