1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 46 of 2011 Vidya Subhash Pawar .. Appellant Versus Mr.Subhash Govind Pawar & Ors. ...Respondents Mr. Manoj Nayak for Applicant Petitioners. Mrs.U.V.Kejriwal, APP for State. CORAM:- R.Y.GANOO, J. DATED:- 7th JULY, 2011. P.C. 1. Heard learned Counsel on behalf of the appellant. The appellant is aggrieved by the Order passed by the learned Addl. Sessions Judge for Gr. Bombay on 3.8.2010, below Exhibit 3 in Criminal Appeal No. 5 of 2009. After arguing the present appeal proceeding for a substantially long time at the stage of admission, learned Counsel appearing on behalf of the appellant made a grievance that respondent no.1 has surrendered the Santa Cruz Quarters to Reserve 2 Bank of India in the year November 2007. He also stated that the respondent no.1 has disposed of the premises which were at Mulund, on 5.2.2010. According to him, both these premises were covered under the proceedings filed by the appellant under provisions of Protection of Women from Domestic Violence Act, 2005 (hereafter referred to as the said Act). 2. According to the Counsel for the appellant disposal of these two premises amounts to violation of the orders passed by the learned Metropolitan Magistrate, as per the provisions of the said Act. He therefore sought liberty from this Court to file appropriate proceeding against respondent no.1 for violating the orders passed in the said Act. 3. He further submitted that he be permitted to withdraw this appeal. 4. As the application for withdrawal of the appeal is made, appeal is allowed to be withdrawn. 5. This Court has not gone into the question as to whether the 3 respondent no.1 has disposed of the premises to which reference is made in the earlier part of this order. This Court has also not gone into the question whether the aforesaid premises was the subject matter of the litigation filed by the appellant under the provisions of the said Act. If the appellant wishes to file appropriate proceeding on the basis of the allegations that these two premises have been disposed of, the appellant is free to do so. This Court has not recorded finding on any aspect of the matter. All questions are kept open. Appeal is disposed of. (R.Y.GANOO, J.)