THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.5488 of 2010 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order dated 30.06.2010 passed by the Senior Civil Judge, Nuzvid in dismissing I.A.No.1623 of 2007 in I.A.No.551 of 2002 in O.S.No.63 of 1994. The petitioners, who are third parties to the said suit, wherein a preliminary decree for partition has been passed and final decree proceedings in I.A.No.551 of 2002 are pending, filed the present I.A.No.1623 of 2007 to come on record, stating that their father obtained customary divorce from his first wife in the presence of caste elders about 18 years back and married their mother and that since the plaint schedule properties are ancestral properties, the petitioners are having equal rights in the schedule properties, and therefore, they are necessary and proper parties to the final decree proceedings. Admittedly, the petitioners are not parties to the preliminary decree passed in the said suit and final decree has to be passed in terms of the preliminary decree. The petitioners, who are claiming right in the suit schedule property, are entitled to come on record as parties to the preliminary decree, and the remedy available to the petitioners is to file an appeal against the preliminary decree with the leave of the Court. Unless the preliminary decree is amended, they cannot be impleaded in the final decree proceedings. Therefore, the Court below rightly dismissed the I.A and the impugned order does not call for any interference. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 01.02.2011 va