-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2772 OF 2008 PETITION NO.2772 OF 2008 PETITION NO.2772 OF 2008 Mr. Jaywant Krishna Patil & Ors. ..Petitioners. Versus Versus Versus Mrs.Saranga Anil Agarwal ..Respondents. .... Mr. Kunal Cheema i/b.Yadmath Choudhari for Repondent no.1. .... CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & S.S.SHINDE, S.S.SHINDE, S.S.SHINDE, JJ. JJ. JJ. DATED DATED DATED : 4TH JULY,2008. : 4TH JULY,2008. : 4TH JULY,2008. P.C. P.C. P.C. 1. Nobody appeared for the petitioners on last occasion. So also, nobody appears for the petitioners today. 2. This petition has been filed against the private respondent, seeking relief of mandamus directing respondent to stop the execution and operation of the agreement of sale. We are informed by the learned counsel for the respondent that on the basis of agreement of sale, he has filed a suit for specific performance of the petition against one of the petitioners, which is pending before the Court. This writ petition appears to be misconceived on two -2- grounds. Firstly, the writ petition is against a private respondent. Secondly, agreement of sale, whether could be made operative, or not, is a subject matter of suit between the parties. 3. The writ petition is disposed of. [BILAL [BILAL [BILAL NAZKI, J.] NAZKI, J.] NAZKI, J.] [S.S.SHINDE,J.] [S.S.SHINDE,J.] [S.S.SHINDE,J.]