Mrs.Sabitha Devi Shanmugam And 7 Others v. Mrs.A.V.Premavathi And 41 Others

A.No.2089 of 2021 in C.S.No.251 of 2016 N.SESHASAYEE, J., The plaintiffs 1 to 4 and 6 to 9 have filed the present application to permit them to abandon their claim in respect of item No.1 in favour of the defendants 20 and 21 and item No.5 to 7 in favour of the defendants 1 to 5.

2. The learned counsel for the 10th defendant made a statement that he has taken out a contempt application against the plaintiffs for an order of injunction, since the plaintiffs' vendors have sold some of the properties contrary to the order of injunction. The learned counsel also made a statement that the item in this application has nothing to do with the contempt application mentioned by the learned counsel for the 10th defendant.

3. So far as the present suit is concerned, the plaintiffs are the architects of the suit, if they decide to abandoning some of the claims, it is a choice that they have made, and this Court need not interfere with their choice. So far 1/2 https://www.mhc.tn.gov.in/judis/

N.SESHASAYEE, J., ssn as these items are concerned, in the eventuality of any dispute arising against any of the parties in whose favour the applicants herein have abandoned the claim, it is for them to defend.

5. With the above observation, this application is allowed. 03.08.2021 ssn A.No.2089 of 2021 in C.S.No.251 of 2016 2/2 https://www.mhc.tn.gov.in/judis/