( 1 ) HEARD both sides.

( 2 ) SINCE both the applications are inter-related and they have substantial bearing on the disposal of the main appeal, with the consent of both the parties, they are being disposed of by this common order.

( 3 ) A. S. M. P. No. 12019 of 2004 is filed under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure to bring the petitioners on record as Respondent Nos. 5 to 17 in the appeal.

( 4 ) A. S. M. P. No. 15768 of 2004 is filed under Order 23 Rule 1 of the Code of Civil procedure seeking permission of this Court to withdraw the appeal.

( 5 ) THE appellant is the first defendant, the first respondent is the plaintiff and the respondents 2 to 4 are the Defendants 2 to 4 respectively in the suit.

( 6 ) FOR the sake of convenience, the parties will be referred to as per their array in the suit.

( 7 ) FEW facts, which are necessary, to be mentioned for disposal of the present applications, are as under: the plaintiff filed the suit in O. S. No. 132 of 1995 for specific performance of an agreement of sale, dated 16-8-1993, said to have been entered into between himself, the first defendant and his predeceased son. Since the son