THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.5453 of 2011 O R D E R: This Civil Revision Petition is filed against the order dated 17.08.2011 passed by the VI Additional Junior Civil Judge, Vijayawada, dismissing I.A.No.150 of 2011 in O.S.No.1030 of 2009 filed by the petitioners/defendants 1 to 4 to reject the plaint under Order VII Rule 11 and Section 151 C.P.C. The respondent/plaintiff instituted the above suit against the petitioners/defendants 1 to 4 for permanent injunction restraining them from making further constructions violating the approved plan in ‘B’ schedule property and also restricting defendant No.5 from regularising the unauthorised constriction in the said property in violation of approved plan and further to direct defendants 1 to 4 to demolish the unauthorised construction made in “B” Schedule Property, as he being the adjacent owner of the property owned by defendants 1 to 4. In the said suit, petitioners/defendants 1 to 4 filed the above Interlocutory Application under Order VII Rule 11 and Section 151 C.P.C to reject the plaint contending that they have obtained an approved plan for constructing an apartment by paying necessary fees to the Municipality, but have constructed the apartment with minor deviations due to vastu and that they have made regularisation application for regularising the deviations made by them by paying necessary fees. If any person wants to file a suit against the apartment owners, they should file the suit before the Arbitrator in view of Section 31 of the Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987 (for short ‘the Act’) and the Rules made thereunder and the Andhra Pradesh Societies Registration Act, 2001. Admittedly, the suit is filed for permanent injunction against the petitioners herein for the relief aforesaid. The petitioners herein made construction in violation of the approved plan and they have made regularisation application for regularising the deviations made by them by paying necessary fees. The above said Act is applicable to only apartment flat owners, but not others. Since the plaintiff is abutting site owner and is a third party, the said Act is not be applicable to her, but it can be made applicable only to the flat owners, who formed into a society. Therefore, the lower Court rightly dismissed the Interlocutory Application and the impugned order does not call for any interference by this Court. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. A. GOPAL REDDY, J Date: 16.12.2011 va