!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1296/2009 (Gamdur Singh Vs. SBBJ & Anr.) Date of order :: 18.02.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.C.S. Kotwani, for the petitioner. Heard learned counsel for the petitioner. By way of filing present writ petition, the petitioner is claiming his right on the basis of an agreement executed by respondent No.3 in his favour. The contention of learned counsel for the petitioner is that the property in question which is going to be auctioned by the Bank against the outstanding of respondent No.3 was already sold to petitioner under an agreement which is said to be executed on 20th April, 2005. In my opinion, if petitioner is claiming his right on the basis of so called agreement, then he is required to file a suit under the !! 2 !! Specific Performance Act. No direction can be issued, restraining the Bank not to auction the property in question. However, it is made clear that the finding given in this order will not affect the right of the petitioner. With the above observation, this writ petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-