1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2291 OF 1997. 1. Shankar S/o Nagnath Gaikwad, Age major, Occ.Service, R/o Parbhani. 2. Shivram S/o Sitaram Deolgaonkar (Lingayat), Age major, Occ.Service, R/o Parbhani. 3. Ashok S/o Shivaji Yadav, Age major, Occ.Service, R/o Parbhani. 4. Bhaskar S/o Ghanashyam Makrand, Age major, Occ.Service, R/o Parbhani. ... Petitioners. Versus 1. The State of Maharashtra. 2. The Regional Director of Municipal Administration for Marathwada Region, Aurangabad. 3. Chief Officer, Municipal Council, Parbhani. 4. D.B.Deokar, Age major, Occ.Service, R/o Parbhani. ... Respondents. ... 2 Mr.S.K.Shelke, advocate for the petitioners. Mr.K.G.Patil, Asstt. Govt. Pleader for the State. Mr.Satyajeet Bora, advocate holding for Mr.S.C.Bora, advocate for the Respondent No.3. Mr.S.G.Rudrawar, advocate for the Respondent No. 4. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 23.06.2010. ORAL JUDGMENT (Per B.R.Gavai,J.) 1. The petition has been filed by petitioners, thereby challenging the order of promotion issued in favour of the Respondent No.4 promoting from Class IV cadre to Class-III cadre and further direction to give promotion order in favour of the petitioners. 2. It is not disputed by the learned counsel for the petitioners that petitioner No.2 had in fact, died. The learned counsel for the Municipal Council has placed on record death certificate pointing out that petitioner No.3 has also expired on 23.2.2010. Admittedly, no applications have been filed on behalf of the 3 legal heirs of either the petitioner No.2 or petitioner No.3 within the prescribed limitation. The learned counsel for the Respondent No.4 submits that the petitioners Nos.1 and 4 have already promoted and they have no grievance surviving in the present petition. Since, this position was seriously disputed by the learned counsel for the petitioners, the learned counsel for the Respondent Municipal Council was directed to ask the petitioner No.l to remain present in the Court. 3. Today, Mr.Shankar S/o Nagnath Gaikwad, is present in the Court. He says that he has no grievance surviving against the Municipal Council and does not want to prosecute the case. 4. In that view of the matter, nothing survives in the petition for adjudication and the same is therefore, disposed of. Rule discharged. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp229197 4