ORDER :

The Civil Revision Petition is filed under Article

227 of constitution of India against the order dated 02.12.2022 dismissing the petition in I.A.No.666 of 2019 in O.S.No.26 of 2014 on the file of the Court of X Additional District Judge, Narsapur, filed by the 1st defendant under Order I, Rule 9 and Section 151 of C.P.C to dismiss the suit against the remaining defendants in view of the dismissal of the suit against the 2nd defendant by name Dr.Tandra Usha Rani.

2. Heard Sri Turaga Sai Surya, learned counsel for the revision petitioner/1st defendant, Sri T.V.S.Prabhakara Rao, learned counsel for the respondents No.1 and

2/plaintiffs No.1 and 2.

3. The plaintiffs No.1 and 2 filed the suit for partition against the defendants 1 to 9. The suit was dismissed against the 2nd defendant on 01.08.2017, for non- payment of batta for service of summons to the 2nd defendant. It is contended by the petitioner/1st defendant as per the judgments of the apex Court and High Court, it is clear that in a partition suit, all the co-sharers are proper and necessary parties to be impleaded in the suit, otherwise it is fatal and the suit is liable to be dismissed.

4. The respondents No.1 and 2 filed