: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO.22655 OF 2009 ALONGWITH CIVIL APPLICATION (ST.) NO.22657 OF 2009 The Executive Engineer, ‘A’ Ward, MBR & R Board, Mumbai .. Appellant V/s. Saifuddin Abbasbhai Kapadia .. Respondent Mr. Prakash G. Lad for the Appellant. Mr. Sushil C. Matkar for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 30 TH NOVEMBER, 2009. P.C.: 1. The Appeal from Order is taken on board. 2. Heard the learned Advocates for the parties. 3. According to the learned Advocate for the respondent since the trial Court had stayed its order for two weeks from 10th July, 2009, the stay has come to an end and the order of the trial Court regarding appointment of the Court Commissioner has already been implemented. The Commissioner has : 2 : furnished a report which has been challenged by the respondent by preferring Notice of Motion. 4. In this view of the matter, the Appeal from Order has become infructuous and is dismissed as such. 5. In view of the above, Civil Application (St.) No.22657 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......