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.

The petitioner herein filed the suit with the following reliefs:

(a) restraining by perpetual injunction the defendants in general, D2' s officials, employees, workmen and servants in particular, from invading the plaintiffs rights to construct her house as also restraining them and their yes-men, employees, heirs, agents, legal representatives and all persons not to interfere with the possession and enjoyment of the suit-schedule property by the plaintiff,

(b) award costs of the suit,

(c) grant such other and further reliefs as it may deem fit and just to it in the circumstances of the case and also in the interest of justice.

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 Sec. 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.

4. Heard Sri G. Kishore Kumar, learned counsel for the petitioner and also Sri A. Ravinder, learned counsel for the respondents.

5. It is argued by learned counsel for the petitioner that as much as the suit is filed for injunction simpliciter, no notice need be issued before filing of the suit as contemplated under Section 685 of the Act. In support of his argument, learned counsel for the petitioner has relied on a judgment of the Supreme Court in the case of Devi Singh v. Municipal Corporation, Hyderabad (1) AIR 1972 SC 2510 and also the judgment of a learned single Judge of this court in the case of Viqarunnissa Begum(died) and others v. Municipal Corporation of Hyderabad (2) 2009 (2) ALT 652 = 2010 (3) ALD 47 . It is stated that, in any event, the said ground is no ground for rejection of the plaint within the meaning of Order VII Rule 11 of the Code of Civil Procedure, 1908.

6. On the other hand, it is contended by Sri A. Ravinder, learned counsel for the respondents, that, in this case, the second respondent has taken action and demolished the structures as there was no permission; in that view of the matter, notice as contemplated under Section 685 of the Act is mandatory before filing of the suit. It is further contended that the said action is an action which is intended for implementation of the provisions of the Act within the meaning of Section 685(1) of the Act