Jagan Andres Misal And ANR v. United India Insurance Co. Ltd., Thr Divisional Manager, Aurangabad And ORS

1 Sr903CA14831.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 14831 OF 2017 IN CROSS-APPEAL NO. 01 OF 2016 IN FIRST APPEAL NO. 77 OF 1999 Jagan S/o Andres Misal & Anr.

... Applicants

VERSUS

United India Insurance Co. Ltd., Osmanpura, Aurangabad & Ors.

... Respondents ..........

Mr G. K. Salvi, Advocate for the applicants Mr D. V. Soman, Advocate for respondent No. 1 .............

CORAM : A. M. DHAVALE, J.

DATE : 02ND AUGUST, 2018.

PER COURT :- 1.

Heard learned advocate for the applicants.

2.

The present appeal being First Appeal No. 77 of 1999 has been disposed of vide judgment dt. 04.04.2017 and the parties have no grievance about the judgment and the award. 3.

The dispute is regarding compliance of the judgment and decree. There is difference in calculation of the amounts. Learned counsel for the applicants states that, some amount is still balance with other side. For that purpose, he has to go before the reference Court for execution. His grievance cannot be considered at this stage.

2 Sr903CA14831.2017 4.

After the judgment and decree, this Court has become functus officio and the execution has to be filed before the trial Court for agitating the grievance.

5.

Civil Application stands disposed of.

[ A. M. DHAVALE ] JUDGE Punde