H Nagarajappa Since Dead by His Lr'S Sri B N Girish v. Sri H S Manjunath
Case brief
What is this about?
NC: 2025:KHC:24507 | High Court of Karnataka, Bengaluru | WP No. 18184 of 2025 (GM-CPC) | decided 07-07-2025 by Hon'ble Mr. Justice M. Nagaprasanna (single judge) | Order I Rule 10 / Order I Rule 10(2) CPC — impleadment and subsequent deletion of a party | defendant impleaded as holder of a right in the suit schedule property (heir of H.Ramaiah; P.Mis.No.584/2003) cannot be deleted once the impleadment order has become final and unchallenged | Article 227 supervisory review — no perversity found in trial court's rejection of I.A.No.25, petition rejected (treated as dismissed) | background: O.S.No.3277/2013 seeks cancellation of compromise decree dated 01-02-2002 in O.S.No.5801/2000 | defendant No.38 filed opposing written statement and later withdrew counter claim | no precedents cited.
What did the court decide?
A person who has been impleaded into the proceedings on the score of his having a right in the suit schedule property cannot be sought to be deleted from the array of defendants, more so because the order permitting his impleadment has become final — the plaintiffs never challenged it and merely amended the cause title.