The petition showing that at the time this action for legal and equitable relief was filed in the lower court, a petition to condemn the property in rem had already been filed, the defendant therein could not decline to litigate and seek to bring a separate action such as here. Code Ann. § 81A-113 (Ga. L. 1966, pp. 609, 625); Johnson v. Fulton County, 216 Ga. 498 (117 SE2d 155); Fulton County v. Aronson, 216 Ga. 497 (117 SE2d 166); Golfland, Inc. v. Thomas, 218 Ga. 747 (130 SE2d 591). Accordingly, the court did not err in dismissing the action.

Judgment affirmed.