1 CAW 1841 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1841 OF 2009 IN WRIT PETITION NO.5189 of 2005 The State of Maharashtra and Anr. ..... Applicants V/s. Hamida Esmail Virani and Ors. ..... Respondents Mr.C.R.Sonawane, AGP, for the applicants. Mr.Tushar Goradia, for the respondents. CORAM :P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 21ST JULY, 2010. P.C. 1. By the above civil application, the applicants pray for extension of time for passing the order in terms of the directions contained in the order dated 11-07-2006 passed in Writ Petition No.5189 of 2005 by the Division Bench of this Court. The applicants also seeks relief that the said order dated 11-07-2006 may be recalled and the petitioners be directed to submit fresh representation. 2. Our attention is drawn to the affidavit in support filed by one D.N.Tupekar, Executive Engineer, Road Development Division No.3, Mouje Bhingari, Tal. Panvel, Dist. Raigad. Para No.3 of the said reads as follows : - 2 CAW 1841 of 2009 “I say that as already stated that the original and owners’ representations have been decided by the Executive Engineer, Road Development Division No.3, Mouje Bhingari, Tal. Panvel, Dist. Raigad, by order dated 06-10-2006 and the compensation to the extent of Rs.35,89,656/- have also been paid for the land needed for the construction of Mumbra Kausa By Pass Road. The said payment was made to the original land owners as per the Order dated 11-07-2006 and as per the decision taken by the Executive Engineer, Road Development Division No.3, Mouje Bhingari, Tal. Panvel, Dist. Raigad, on the representations and as per the agreement made by and between the Applicants/original land owners and the office of the Executive Engineer, Road Development Division No.3, Mouje Bhingari, Tal. Panvel, Dist. Raigad, on 02-03-2007. I therefore, say that the aforesaid Civil Application No. 1841 of 2009 for extension of time does not survive and the same may please be disposed of as ‘does not survive’ and the Hon’ble Court may pass appropriate order in the interest of Justice. 3. In the light of the averments made in the said affidavit, the prayers in the above civil application have become infructous. The civil application is therefore, disposed of as such. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )