KBP 8522-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8522 OF 2009 (Murlidhar Vs. Shree Nashik) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Sachin Chavan i/b.Mr.S.S.Kulkarni, for petitioner. Mr.A.P.Vanarase, AGP for respondent State. CORAM : A.S.OKA, J. DATE : 12 th October, 2009 P.C. KBP 8522-09.sxw 2 Heard learned counsel for the petitioner. 2] The challenge in this petition is to an order passed in the execution proceedings arising out of an award made in Land Acquisition Reference No.525 of 1997. Learned counsel for the petitioner has placed on record a copy of judgment and order dated 23 rd September, 2009 passed by this court in First Appeal No.1447 of 2006 which was preferred by respondent no.3 for challenging the award passed in Land Acquisition Reference No. 525 of 1997. It is pointed out that this court by setting aside the award passed in the reference, has directed the reference court to decide the reference afresh. A copy of the said judgment and order is taken on record. It is, therefore, obvious that the execution proceedings will not survive as a result of setting aside of the award in the land acquisition reference. Therefore, the impugned order passed in the execution application has become inoperative and the same cannot be acted upon. 3] Writ Petition does not survive. The same is disposed of. All contentions of the parties on merits are expressly kept open. [A.S.OKA, J.]