1. The first respondent had filed a suit for specific performance against Jameela Beevi, grandmother of the petitioner. The suit was decreed directing the defendant to execute sale deed with respect to the plaint schedule property, in favour of the plaintiff after receiving the balance sale consideration. The defendant having failed to comply with the direction, plaintiff deposited the balance sale consideration and sought execution of the sale deed at the intervention of the court by filing I.A.No.2548 of 2003. Pending the interlocutory application, Jameela Beevi died and her legal heirs were impleaded. Accordingly, petitioner herein was impleaded as the 8th respondent. Much later, petitioner filed I.A.No.2348 of 2012 under O.1 R.10 (2) of CPC, requiring the court to delete him from the party array on the premise that he was not the legal heir of Jameela Beevi. According to the petitioner, his father Shahul Hameed, brother of Jameela Beevi, had predeceased he