JUDGMENT

K.S. Radhakrishnan, J.-Leave granted.

2. The first respondent herein filed Regular Civil Suit No.109 of 1995 praying for the grant of permanent injunction against the appellant – Executive Engineer, Lower Vanna Project Division No.1, Wardha and also for a direction to restore the land to him. It was alleged that the defendants had undertaken the construction of the canal of Lower Vanna Project through the middle portion of the plaintiff’s field, consequently a mandatory injunction was sought for to restore the land prior to the commencement of constructing the canal. The plaintiff alleged that the same was done to favour a nearby land owner so that his land could be saved. The suit was decreed and the defendants took up the matter in appeal which was dismissed and the matter was carried to the High Court. The High Court also dismissed the appeal on merits. The High Court in his order stated as follows:

“I have carefully perused the documents produced by the appellant before the first appellate court. The submission made on behalf of the respondent No.1 that these documents do not disclose that the Government proposed to construct the canal through the middle portion of th