The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.7377 of 2010 Dated 1st April, 2010 Between: 1.Mohammad Moizuddin and another. …Petitioners And 1.Vijaya Bank and 2 others. …Respondents Counsel for the Petitioners: Mrs.Voruganti Bharathi Counsel for the Respondents: --- The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent No.1- Bank, in seeking to dispossess the petitioners from flat bearing No.102, of Mohammad Care Residency at H.No.10-5-64/8/C, of Sriramnagar Colony, Masab Tank, Hyderabad, without following due process of law, as illegal and arbitrary. I have heard Smt.Voruganti Bharathi, learned Counsel for the petitioners, and perused the record. The petitioners claimed that respondent Nos.2 and 3 have executed an unregistered “notarised” mortgage deed in their favour on receiving a loan of Rs.3,75,000/- on 11-04-2007 from them. They alleged that on 27-03- 2010, the officials of respondent No.1- Bank came to their flat and sought to forcibly evict them. The petitioners further averred that it is only at that time that they were aware of the fact that respondent Nos.2 and 3 have mortgaged the flat in question to respondent No.1- Bank for obtaining a loan and that they have suppressed this information while executing mortgage deed in favour of the petitioners. In my opinion, if the petitioners have acquired any rights, which prima facie they do not, as they do not hold registered mortgage deed, they have to work out their remedies available to them in common law. Even on the petitioners’ own showing, respondent No.1- Bank has been seeking to enforce its right under a validly executed mortgage deed by the original owners of the property. Therefore, the petitioners cannot seek the aid of this Court to interdict respondent No.1- Bank from exercising its legal right for recovery of the loan. Hence, I am not inclined to entertain this Writ Petition and the same is, accordingly, dismissed. However, respondent No.1- Bank shall not dispossess the petitioners forcibly from the flat in question without following the due process of law. As a sequel to dismissal of the Writ Petition, WPMP.No.9514 of 2010, filed by the petitioners for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 1st April, 2010 lur