NEELA SWAROOPA Vs. GUNDA RADHIKA

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, is filed aggrieved of the order dated 05-05-2010, passed in S.R. No. 2698 of 2010, by the learned Principal Junior Civil Judge, Warangal. By the aforesaid order, before numbering of the suit, on the objections raised by the respondents-defendants with regard to maintainability, the court below rejected the plaint filed by the petitioner-plaintiff.

(2.) It is the case of the petitioner-plaintiff that she applied for grant of building permission and as there was no rejection within the statutory period; on the ground that there is a deemed sanction within the meaning of Section 437 of Hyderabad Municipal Corporations Act, 1955 (for short 'the Act') she proceeded with the construction. It is stated that alleging interference by the respondents over her property, she filed the aforesaid suit.

(3.) The office has raised an objection at the stage of scrutiny with regard to maintainability of the suit on the ground that the son of the plaintiff, who is having a share in the suit schedule property, is not impleaded; as such the suit is not maintainable. On the aforesaid objections, when the matter was being argued, further objection was raised with regard to maintainability of the suit on the ground that though relief is sought against the Commissioner, Municipal Corporation of Warangal, no notice was issued as contemplated under Section 685 of the Act. With regard to the first objection, namely that the son of the petitioner-plaintiff was not made party to the suit, the court below, by the impugned order, overruled the same, but on the second objection, namely with regard to issuance of notice under Section 685 of the Act, has recorded a finding that the suit against Municipal Corporation of Warangal is not maintainable without notice under Section 685 of the Act and ordered for rejection of the plaint. As against the said order, the present civil revision petition is filed.