1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.181 OF 2008 IN APPEAL FROM ORDER (ST) NO.23975 OF 2007 Sanjeev G. Verma ..Applicant V/s Ezikal Obed Hatiyal & ors ..Respondents Mr.R.S.Tripathi, Advocate, for the applicant Ms.Madhubala Shetty, Advocate, for the respondent No.3 CORAM : R.M.SAVANT, J. DATE : 13TH FEBRUARY, 2009 P.C. . The learned counsel for the applicant states that the applicant Mrs.Premavati R. Ghai has died prior to the filing of the appeal. The Appeal and the above Civil Application have been filed by one Mr.Sanjeev G. Verma on the basis of a Power of Attorney of the said Mrs.Premavati R. Ghai and claiming to be a legatee. In view of the fact that the applicant is already dead, the appeal as filed was a 2 nullity in the eyes of law and could not have been entertained. The learned counsel now appearing for the applicant Mr.R.S.Tripathi states that the appeal was filed by another advocate whose name appears on the docket sheet. Mr.R.S.Tripathi draws the Court's attention to the Judgment reported in A.I.R. 1953 BOMBAY 356 wherein this Court has held that the appeal is a nullity, as when it is preferred after the death of a person, the Order passed therein is therefore equally a nullity. The Judgment further holds that on the death of the applicant the Vakalatnama signed in favour of the advocate also comes to an end and the advocate cannot file the appeal on the basis of the said Vakalatnama. In the light of the fact that the appeal has been filed on behalf of a dead person and in the light of the Judgment (Supra), the Appeal from Order as well as the order passed issuing rule on the Civil Application is a nullity and is therefore, of no consequence. The Civil Application and Appeal from Order, therefore, to stand disposed of on the said ground. (R.M.SAVANT, J.) 3