IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (MS) NO. 977 OF 2005 Durga Dutt Papney and others ….....Petitioners. Versus Moorari Lal Chaudhary ….…Respondent. Present:- Sri Sarvesh Agarwal, Advocate for the petitioners. Sri Gopal K. Verma, Advocate for the respondent. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsels for the parties at length. The petitioners were defendants in the suit which was filed by the respondent for Permanent Injunction being Suit No. 27 of 2004 before the Civil Judge (Junior Division), Ramnagar, District Nainital, in which the defendants/petitioners moved an application for impleadment of “Nagar Palika, Ramnagar” as a necessary party which was allowed by the trial court vide order dated 24.7.2004. However, in the revision, the revisional court set aside the order dated 24.7.2004 passed by the trial court and held that the “Nagar Palika, Ramnagar” is not a necessary party in the suit. Since, specific assertion has been made by the defendants/petitioners that the land in dispute belongs to “Nagar Palika, Ramnagar”, this Court feels that in the interest of justice, “Nagar Palika, Ramnagar” must be heard and, therefore, order passed by the revisional court dated 7.6.2005 is set aside. The order of the trial court dated 24.7.2004 is upheld. The writ petition is accordingly disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 22.11.2010 Avneet