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 judgmen