THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.1795 OF 2004 DATED:13-09- 2010. Between 1.V.Satyanarayana and two others … Appellants And 1.P.Ramesh and three others …Respondents THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.1795 OF 2004 JUDGMENT: This Civil Miscellaneous Appeal is filed against the order, dated 05-03-2004, in I.A.No.638 of 2002 in O.S.No.156 of 1999, on the file of the I Additional Senior Civil Judge, Warangal, whereunder and whereby the application filed by the third parties under Order IX Rule 13 CPC to set aside the judgment and decree, dated 22-01-2002, was dismissed. 2. As seen from the record, the appellants herein are third parties. The application filed by them was dismissed on the ground that their application in I.A.637 of 2002 filed to come on record was dismissed holding that they are neither necessary nor proper parties to the suit for partition. When they are not necessary and proper parties, the petition filed for setting aside the exparte decree cannot be maintained. Therefore, the appeal is devoid of merits and is liable to be dismissed. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed leaving open all the remedies available to the appellants under law. No order as to costs. _______________ K.C. BHANU, J DATED:13.09.2010 Hsd