1 CAA No.922/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.922 OF 2010 IN APPEAL FROM ORDER ST NO.17223 of 2009 Nirmala Kantilal Shah & Anr ... Applicants versus Ibrahim Abdul Hussein Bharucha & ors. ... Respondents ... Mr.P.G.Lad for the applicants Mr. R.S.Ghadge i/b Mr.A.S. Desai for respondent nos.1 to 4. CORAM : D.G. KARNIK, J DATED : 13th December 2010 P.C. 1. Heard learned counsel for the parties. 2. Perused the affidavit in reply. Respondents objected to the maintainability of the application. In the affidavit, they have stated that applicant no.2 has died on 21 March 2008. Though the Power of Attorney was aware of the death of applicant no.2, the present application has been filed by him though his authority had come to an end on the death of the applicant no.2 and hence, application is not maintainable. 2 CAA No.922/10 3. Mr.Lad learned counsel for the applicant reports no instructions. The respondent has annexed copy of the death certificate to the affidavit from which it is clear that the applicant no.2 had died before filing of the application. Consequently, the attorney has no authority to file the application on his behalf. Application accordingly, is rejected. (D.G.KARNIK, J)