Permod Kohli, J. - Through the medium of this application, the appellants except No. 6 seek to withdraw this appeal.

2. Vide introluctory order dated 8.5.2008, learned counsel for the appellants sought some time to examine the question whether some of the appellants are entitled to withdraw the appeal without the consent of the others, in view of the specific provisions contained under sub-Rule (5) of Rule 1 of Order 23.

3. The counsel for the appellants has argued that the appellants are entitled to withdraw the appeal, without the consent of appellant No. 6. Reliance is placed on the following judgments :

Nilappagouda Goudappagouda and others v. Basangouda Sangangowda and others, AIR 1927 Bombay 244, wherein following observations have been made :

"This is an application by Appellant No. 6 to withdraw from the appeal. There are other Appellants Nos. 1 to 5 with whom he had joined in presenting this appeal. The application is opposed by the learned pleader for appellants Nos. 1 to 5 On the ground that under Order 23, Rule 1, the Court cannot allow a co-plaintiff to withdraw without the consent of the other plaintiffs. Under sub-Rule (1), however, it is open to the plaintiff