R.S.A. No. 1249 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C. M. No. 3704-C of 2008 and Regular Second Appeal No. 1249 of 2008 (O&M) Date of decision: October 15, 2008 Jaswant Singh ..Appellant v. State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R.S. Chahal, Advocate for the appellant. .. Rajesh Bindal J. C.M. No. 3704-C of 2008 For the reasons stated in the application, delay of 12 days in filing the appeal is condoned subject to just exceptions. C.M. stands disposed of. R.S.A. No. 1249 of 2008 The plaintiff is in appeal before this Court against the concurrent finding of fact recorded by both the Courts below, whereby the suit filed by him for mandatory injunction directing the official respondents to close water supply from outlet No. 51639/ 51800 was dismissed. On the basis of the evidence led by the official respondents in the form of affidavit, both the Courts below found that outlet No. 51639-R stood closed at the site on 14.8.2005. Keeping this fact in view, the claim made by the appellant-plaintiff had become infructuous and the suit was dismissed. Even before the lower Appellate Court also, the judgement and decree of the learned trial Court was upheld. Learned counsel for the appellant had not been able to point out as to what remained to be argued and claimed once his prayer for closure of outlet No. 51639-R had already been granted by the official respondents. Keeping in view the fact that outlet No. 51639-R , the closure of which was sought by the appellant-plaintiff in the suit filed, had been closed by the official respondents during the pendency of the suit, the suit itself does not survive. Accordingly, no illegality has been committed by the Courts below in dismissing the same. No substantial question of law arises. R.S.A. No. 1249 of 2008 [2] Accordingly, the appeal is dismissed. (Rajesh Bindal) Judge 15.10.2008 mk