HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1175 of 2009 DATED: 20.04.2010 Between: Yerram Harinath Gupta @ Bhadrish and others …Appellants And E.Raghupathi Rao and others …Respondents HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1175 of 2009 JUDGMENT: (Per Hon’ble Sri Justice B.Prakash Rao,J) Heard both sides. At the request of both the counsel appearing on either side, the appeal is taken up for disposal. 2. This appeal is filed at the instance of defendants 1 to 4 aggrieved against the order, dated 11.11.2009 in I.A.No.101 of 2008 in O.S.No.10 of 2006 passed by the learned Judge, Family Court-cum-Additional District Judge, at Khammam granting injunction and restraining the appellants in creating third party interest and raising any further structures in the suit schedule property. 3. The learned counsel appearing on either side have agreed for an agreed order and accordingly, an affidavit has been filed by Yerram Harinath Gupta @ Bhadrish S/o Vishwanatham, who is the 1st appellant herein as under: “I respectfully submit that we have filed above appeal against the order passed in I.A.No.101 of 2008 in O.S.No.10 of 2006 dated 11.11.2009 on the file of the learned Judge, Family Court cum Additional District Jude, Khammam, Khammam District restraining us not to induct any third party and not to raise any further structures. I submit we hereby undertake that we will not alienate to the extent of 6 flats bearing Nos. Ground Floor (Flat Nos.5 and 6), 1st floor (Flat No.4), 2nd floor (Flat Nos.5 and 6), IV Floor (Flat No.6) till the disposal of the suit. This affidavit is being filed without prejudice to our rights and defence in the suit in respect of suit property.” 4. In view of the above undertaking given by the appellants herein not to induct any third party and not to raise any further structures, it is not necessary to go into the merits of the case. 5. Accordingly, the C.M.A. is allowed to the extent indicated above, setting aside the order dated 11.11.2009 passed in I.A.No.101 of 2008 in O.S.No.10 of 2006 by the learned Judge, Family Court-cum- Additional District Judge at Khammam, Khammam District. There shall be no order as to costs. ______________ B.PRAKASH RAO,J ______________ R. KANTHA RAO,J Date:20.04.2010 Ccm/Kvrm HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO C.M.A.No.1175 of 2009 (Per Hon’ble Sri Justice B.Prakash Rao,J) DATED: 20.04.2010