K. KANIMOZHI Vs. KANDASAMY

JUDGEMENT

(1.) The appellant whose petition filed under the provisions of Order XXI Rules 97 and 99 of the Code of Civil Procedure had been dismissed by the learned Additional District Judge, Dharmapuri, without even registering the said petition is before this Court challenging the said order.

(2.) The facts in brief which are necessary for disposing of this appeal are as follows: The 1st respondent had filed a suit O.S.No.55 of 2012 on the file of the learned Principal District Judge, Dharmapuri, for Specific Performance of the Agreement dtd. 23/8/2012 entered into between himself and the respondents 1 to 3 herein.

(3.) In the said suit, the 2 respondent herein had filed a WrittenStatement, which has been adopted by the said Kandasamy and the 3rd respondent herein, in which they had referred to a suit O.S.No.89 of 2014 filed by the appellant herein before the learned Subordinate Judge, Arur seeking partition of the properties, which are the subject matter of the instant suit in O.S.No. 550 of 2012.