1 S.B. CIVIL WRIT PETITION NO.4834/2008 M/s. Birbal Das Ritesh Kumar Vs. Bank of Baroda & Anr. DATE OF ORDER :: 23-10-2008 HON'BLE MR. GOPAL KRISHAN VYAS,J. Mr. V.K. Mathur, for the petitioner. Mr. Jagdish Vyas, for the respondent-bank. Mr. Mahesh Thanvi, for the applicant. This case was listed on 16.10.2008. On that date, case was adjourned at the request of counsel for the petitioner. In this writ petition, the petitioner is seeking direction on the respondents to honour the agreement dated 11.12.2008 (Annex.1) and execute the same. The said agreement was arrived at between petitioner and respondent no.2 and the bank has nothing to do with the agreement. It is submitted by learned counsel for the Bank that mortgaged property is sold to the applicant M/s. Ganpati Roller Flour Mills, Hanumangarh Town and possession has already been handed over and if petitioner is having any grievance with the respondent no.2 for execution of any agreement arrived at between petitioner and respondent no.2, then he is required to approach Civil Court under the provisions of Specific Relief Act as the writ petition is not maintainable 2 for seeking direction to execute the agreement. In this view of the matter, this writ petition is dismissed with liberty to the petitioner to seek remedy provided under the provisions of Specific Relief Act. [GOPAL KRISHAN VYAS],J. Praveen