C. V. RANE, S. H. SHETH, J.

( 1 ) THE appellant in this appeal has applied for leave to withdraw the appeal. Respondent No. 2 has made this Civil Application for transposing him as the appellant in case the appellant is permitted to withdraw the appeal.

( 2 ) MR. K. C. Shah who appears for the appellant has vehemently opposed the application made by respondent No 2 for transposing him as the appellant. In order to appreciate the rival contentions raised by the parties it is necessary to state a few facts. The plaintiff appellant is the son of the brother of defendant No. 1 and defendant No. 2 respondent No. 1 and respondent No. 2 respectively. The plaintiff appellant filed the suit for partition of the joint family property. The learned Trial Judge held that the suit property belonged exclusively to defendant No. 1 (respondent No. 1) and dismissed the suit. The plaintiff has challenged that decree in this appeal. If the plaintiff is allowed to withdraw the appeal the finding recorded by the learned Trial Judge that the suit property exclusively belongs to defendant No. 1 will also operate against defendant No. 2 and defendant No 2 will be precluded from contending that the suit prop

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