IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1139 of 2005 (M/S) Kushal Pal …….. Petitioner Versus Sehkari Matsya Nidhi Samiti, Churiyala and others …….. Respondents ……… Mr. Sharad Sharma, Advocate for the petitioner. Mr. Mahavir Singh Tyagi, Advocate for respondent no. 1. Mr. Sudhir Kumar, Brief Holder for the State. Hon’ble V.K.Gupta, C.J. With the consent of the learned counsel for the parties, this petition is being taken up for final disposal to day. 2. What is under challenge in this petition is an order passed on 13.08.2004 by the learned Civil Judge (Junior Division), Roorkee by which the application of respondent no. 1 for impleadment in the suit filed by the petitioner, was allowed. Against this order, the petitioner filed a revision before the learned District Judge, Haridwar, who on 10.08.2005 dismissed the revision petition as being not maintainable. 3. Aggrieved, the petitioner has approached this Court by invoking the jurisdiction of this Court under Article 227 of the Constitution of India. 4. I have heard the learned counsel for the parties and perused the papers on record. 5. In my considered opinion, the impugned orders do not suffer from any illegality or irregularity because indeed respondent no. 1, in the facts and circumstances of the case, was entitled to be impleaded as a party defendant in the suit. The impugned orders are accordingly upheld. 6. During the pendency of the suit, a controversy has arisen with respect to fishing in the pond. In order to protect the public interest as well as the interest of the parties, it is agreed by the learned counsel appearing for the parties that the livestock be taken out from the pond, sold in the open marked and sale proceeds thereof be deposited with a public authority so that depending upon the result of the suit, the amount thereof is paid/credited to the account of the successful party in the suit. 7. Based upon the agreement of the parties, therefore, I order as under: (i) Tehsildar, Roorkee is hereby directed by this Court to take out all such fish (livestock) which should be taken out for being sold in the open marked. (ii) For performing this task, he may take the help of officers/ officials of the Fisheries Department. (iii) He shall make sure that the livestock sold in the open marked by adopting such procedure which would fetch the maximum price. (iv) The sale proceeds shall be deposited by him in the Court of Civil Judge (Junior Division), Roorkee. (v) The amount of sale proceeds shall lie in deposit in ‘Fixed Deposit’ fetching maximum interest. (vi) At the End of the suit, the learned trial Court shall make over this amount to the successful party. 8. Because the suit has been pending disposal for a long time now, I direct that the trial Court shall take all possible steps to dispose of the suit very very expeditiously and without any unnecessary delay. 9. The petition stands disposed of accordingly. (V.K. Gupta, C.J.) 10.06.2008 A