spb/- 1 28-10-ao1240-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1240 OF 2010 WITH CIVIL APPLICATION NO. 1532 OF 2010 IN A.O.NO.1240/2010 Mr. Anwar Hussain Kachhi ... Appellant. Vs. Shri Chandrakant Labubhai Mehta & Ors. ... Respondents. --- S/Shri Manoj Patil i/by Ditendra Mishra for the Appellant. Shri Ramesh N. Prabhu for the Respondent Nos.1 to 3. Shri N.M. Vaidya for the Respondent No.4. ----- CORAM : J. H. BHATIA, J. DATE : 28TH OCTOBER, 2010. P.C. 1 Heard learned counsel for the parties. 2 The appellant -plaintiff claims to be a power of attorney holder on behalf of Babulal K. Kothari and Smt. Nirmala B. Kothari, who are said to be legally entitled for possession of the suit property. The suit is filed by the plaintiff, who does not have his own right, interest or title to the property. As notice of motion for interim relief against the respondents was rejected, the plaintiff preferred this appeal. It is settled position of law that a power of attorney holder cannot file a suit in his own name spb/- 2 28-10-ao1240-10.sxw because he himself does not have any legal right, interest or title in the suit property. The suit can be filed only by the person having right, interest or title in the suit property, even through the power of attorney holder. 3 In these circumstances, the appeal stands dismissed. Civil Application also does not survive and disposed of accordingly. [J.H. BHATIA, J.]