RSA No. 2359 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 2359 of 2010 Date of decision:11.5.2011 Ved Parkash petitioner vs Sanjiv Kumar and others respondent Present: Mr. Rahul Chhatwal, Advocate. M.M.S.BEDI Delay in filing of the appeal is condoned. The suit of the plaintiff-appellant for mandatory injunction directing the defendant- respondents to restore the dug out land upto the height of 10 feet, adjacent to the land of the plaintiff has been dismissed by the courts below on the following grounds:- 1) The suit has not been filed within the period of limitation. 2) The plaintiff has got no locus standi or cause of action 3) The attorney of the plaintiff has failed to prove the execution of power of attorney in his favour. 4) The suit has not been properly instituted by the plaintiff. 5) The plaintiff has also not been able to establish that on account of the act of the defendant- respondents any damage to his land has been caused or is likely to be caused. In order to succeed in his suit for mandatory injunction, as per Section 39 of the Specific Relief Act, the plaintiff was required to establish RSA No. 2359 of 2010 2 that there has been any breach of obligation by the defendant- respondents and that it was necessary to compel the performance of certain acts, which the court is capable to enforce it. In view of the fact that the plaintiff has not been able to make out a case to compel the performance of any act by the defendant- respondents, the suit has rightly been dismissed for mandatory injunction. No ground is made out for interference in the concurrent finding of fact, arrived at by the courts below. Dismissed. However, the dismissal of the trial will not prejudice the rights of the appellant to seek an injunction against the defendant- respondents in case any cloud is cast on the right of ownership or possession regarding the land owned and possessed by the plaintiff. May 11 , 2011 (M.M.S.BEDI ) TSM JUDGE