1 wp3562.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3562 OF 2010 Mrs.Sumi Sushil Mehta ....Petitioner Vs. The Royal Bank of Scotland & ors. ....Respondents Mr. V. Dhond i/b. T.N.Tripathi & Co. for petitioner. Mr. P.K.Samdani with K.S.Patil with Praveen G. Shetty, advocate for Respondent No.1. Ms. M.H.Mhatre, APP for State. CORAM:- A.M.KHANWILKAR AND A.P. BHANGALE, JJ. DATED:- DECEMBER 15, 2010. P.C. 1. Not on board. Upon production taken on board. 2. This Petition takes exception to the Order dated 20th December, 2008 and 6th December, 2010, Exh. B and Exh. D respectively. It is not in dispute that co- owners of the same premises, in respect of which the Petitioner claims to be the co-owner, have already taken recourse to remedy of appeal against the decision of the DRT dated 4th January, 2010. The Petitioner being the co-owner is also entitled to take recourse to similar remedy before the Appellate Tribunal, if so 2 wp3562.10 advised. Apprehension of the Petitioner is that the Respondent Bank may take stand, as was stated in the affidavit filed before the lower court that symbolic possession has not been taken over by the Bank. This apprehension is misplaced. The Bank through Counsel submits that the bank has already taken symbolic possession of the disputed premises long back and thereafter, the co- owners have resorted to before the DRT and by way of appeal before Appellate Tribunal. Even the Petitioner can pursue such remedy, if so advised. 3. In the circumstances, nothing survives for our consideration in this Petition. We dispose of this Petition with liberty to the Petitioner to pursue appropriate remedy before the concerned court, if so advised, which will have to be decided on its own merits in accordance with law. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)