In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 1695 of 2010(O&M) Date of Decision:September 10, 2010 State of Haryana ---Appellant versus Ram Niwas ---Respondent Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.S.S.Nara, Sr. DAG, Haryana Mr. K.L.Dhingra, Advocate, for the respondent. *** GURDEV SINGH, J. Heard. During the arguments, a consensus was reached at between the counsel for the parties that the judgment passed by the Trial Court and the First Appellate Court be set aside and the matter be remanded back to the Trial Court with a direction to give an opportunity to the plaintiff to amend his plaint so as to convert the suit for mandatory injunction into the suit for the recovery of the amount, mentioned in the plaint and thereafter to decide the suit afresh. Accordingly, the judgments of the Trial court and the First Appellate Court are set aside and the suit is remanded back to the Trial Court for deciding the same afresh after giving an opportunity to the plaintiff to amend his plaint so as to convert the suit for mandatory injunction in the suit for recovery. Appeal is disposed of accordingly. (GURDEV SINGH) JUDGE September 10, 2010 PARAMJIT