( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 78 OF 2009 WITH CIVIL APPLICATION NO. 7106 OF 2009 Haji Irfan s/o. Haji Rafugue Thara .. Appellant Versus Assistant Commissioner and ors. .. Respondents Shri S.G. Dargad, Advocate for the appellant. Shri K.B. Choudhari, Advocate for respondent No.1. Shri V.R. Dhorde, Advocate for respondent Nos. 3 & 4. CORAM : P.R. BORKAR,J. DATED : 06.10.2009 P.C. :- 1. Heard Adv. Shri S.G. Dargad for the appellant, Adv. Shri K.B. Choudhari for respondent No.1. and Adv. Shri V.R. Dhorde for respondent Nos. 3 & 4. The advocate for the respondent Nos. 3 and 4 submits and also the advocate for the appellant admits that after filing of the appeal from order, tender has been awarded and it has been acted upon. In view of this, this appeal from order does not survive. Therefore, this appeal from order stands disposed of. ( 2 ) 2. In view of disposal of this appeal from order, Civil Application No. 7106 of 2009 does not survive and it is also disposed of as such. [P.R. BORKAR,J.] snk/2009/SEP09/ao78.09