-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 242 OF 2010 IN SUIT NO. 357 OF 1986. Kavita S. Wadhwani. ..Appellant. Versus Manisha Adani. ..Respondent. Mr. J. P. Sen i/b M/s. Thakore Jariwala & Associates for the appellant. Coram : F.. I. REBELLO & R. V. MORE, JJ. Date : June 15, 2010. P. C. : 1. The respondent filed a suit against the present appellant for a declaration that the respondent is entitled for 4/7th share in the subject flat and for division by metes and bounds, for separate possession and for cost. There is no dispute that the present appellant – original defendant also has share in the property. The original plaintiff is the daughter of Kishnibai and original defendant is the daughter-in-law. Issues were framed, of which issue no.3 is whether defendant no.1 proves that she acquired title by adverse possession. By the order dated 18th March 2010, learned Single Judge has ordered that the defendant to enter into witness box and file affidavit of evidence on that day. The suit being for partition, as the defendant claims adverse possession, the learned Judge was right in calling on the appellant herein to firstly lead evidence on the issue of adverse possession as if that issue is proved in srp -: 2 :- favour of the appellant herein, the other reliefs will become inconsequential. In the light of that the appeal is dismissed. (R.V. MORE, J.) (F. I. REBELLO, J.) -: 3 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1332 OF 2010 IN APPEAL NO. 242 OF 2010 IN SUIT NO. 357 OF 1986. Kavita S. Wadhwani. ..Appellant. Versus Manisha Adani. ..Respondent. Mr. J. P. Sen i/b M/s. Thakore Jariwala & Associates for the appellant. Coram : F.. I. REBELLO & R. V. MORE, JJ. Date : June 15, 2010. P. C. : 1. As the appeal is dismissed, noting survives for consideration in the Notice of motion and same is disposed of as infructuous. (R.V. MORE, J.) (F. I. REBELLO, J.) srp