Yagou Gine Vinoline vs Marie Josephine Leonie
2021 Latest Caselaw 147 Mad

                                                                        C.M.A.No.3256 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.01.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                              C.M.A.No.3256 of 2019
                                              C.M.P.No.18690 of 2019

                     Yagou Gine Vinoline                                      ..Appellant
                                                       Vs.
                     1.Marie Josephine Leonie

                     2.Appaire Theresa Flora (died)
                       rep.by her Lrs.Respondents 3 to 5

                     3.Aroquiamarie Monique Appaire

                     4.Appaire Marie Lourdes Genevieve-Appaire

                     5.Jeanne Marie Vizea-Appaire                            ..Respondents
                     Prayer : Civil Miscellaneous Appeal filed under Order 43 Rule 1 (u) of
                     CPC, to set aside the impugned Judgment and Decree dated 01.02.2019
                     in A.S.No.9 of 2017 on the file of Additional Sub-Judge Court,
                     Puducherry by remanding back O.S.No.2209/2014 to the Principal
                     District Munsif Court, Puducherry and allow this Civil Miscellaneous
                     Application with cost.

                     1/4




https://www.mhc.tn.gov.in/judis/
                                                                             C.M.A.No.3256 of 2019

                                       For Appellant   : Mr.P.Soundarajan

                                     For Respondents : RR2 to 4-dispense with memo
                                                        filed
                                                   JUDGMENT

The learned counsel for the appellant after arguing the matter for

some time made a submission that the appellant will contest the suit on

merits and the grounds raised in the appeal on hand shall be raised

before the trial Court. Therefore, the learned counsel for the appellant

seeks permission of this Court to withdraw this petition.

2. In view of the endorsement made by the learned counsel

appearing for the appellant, the Civil Miscellaneous Appeal stands

dismissed as withdrawn. It is needless to state that the grounds raised in

the appeal can be raised by the parties concerned before the trial Court.

No costs. Consequently, connected miscellaneous petition is also closed.

04.01.2021

ssb Index: Yes/No

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3256 of 2019

Internet:Yes/No Speaking order/Non-Speaking Order

To

1. The Additional Sub-Judge Court, Puducherry.

2. The Principal District Munsif Court, Puducherry

https://www.mhc.tn.gov.in/judis/ C.M.A.No.3256 of 2019

S.M.SUBRAMANIAM, J.

ssb

C.M.A.No.3256 of 2019

04.01.2021

https://www.mhc.tn.gov.in/judis/