1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4936/2010 KAZI AKILODDIN SUJAODDIN ..VS.. JOINT CIVIL JUDGE, SENIOR DIVISION & ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S.Chandurkar, advocate for petitioner Shri V.Thakre, AGP for respondent no.2 to 3 CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 13, 2011. On hearing the learned counsel for the petitioner and the learned AGP for respondent no.2 and 3, and on perusal of the impugned order dated 23.9.2010, it appears that the executing court had granted an opportunity to the state government to deposit the shortfall in 50% of the amount which was directed to be deposited by the High Court in First Appeal, upto 23.10.2010. The learned counsel for the petitioner states that the state government has not paid entire 50% of the amount till 23.10.2010. Shri Thakre, the learned AGP states that hearing of this writ petition would be purely academic as the trial court had granted a month’s time to the state government to deposit the balance amount on or before 23.10.2010 and that date has already expired. 2 On perusal of of the impugned order dated 23.9.2010, it appears that, by the said order the executing court had merely granted some time to the state government to deposit the balance amount till 23.10.2010. Since that date has expired and since none of the counsel has brought the subsequent development before the executing court on record, it would not be in the interest of justice to decide the correctness or otherwise of the order dated 23.9.2010, specially when the date till which the state government was granted time to deposit the amount has expired. In the aforesaid circumstances, the writ petition stands disposed of with no order as to costs. JUDGE SMP