KOLLADA SATYAM Vs. RAMISETTY PRAKASA RAO

JUDGEMENT

(1.) AN unconditional undertaking given by the defendant was accepted by the lower appellate court. The unconditional undertaking given by the defendant that they would demolish the building without insisting upon any such equity in case the plaintiff succeeds in the suit is a good ground to refuse to grant injunction. This court also took consistent view on this issue in S. Rama Lingaiah vs. The Kurnool District Gorakshana Maho Sangham (1970 (7) APLJ. 205.) In view of the unconditional undertaking given by the defendant, no ground has been made out for interference. However, the suit is directed to be disposed of before April, 1990.

(2.) THE CRP is accordingly dismissed. No costs.