IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1870 OF 2006 Ferdinand Francis Fernandes )..Appellant Versus Francis V.D’souza & Ors. )..Respondents ---- Mr.Prasad S.Dani for the appellant. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 30.09.2008. PC 1. The appellant has challenged the decree passed by the City Civil Court on 10.10.1996. In the said decree the original plaintiff i.e. present respondent Francis V.D’souza has been declared to be the owner of 190.64 sq.mts. of the land on the northern side of CTS No.1471 alongwith the north wing of the bungalow named as "Sunbeam" situated over 54.88 sq.mts. of CTS No.1471 at Misquitta Street, Vile Parle (East), Bombay-400 057 by adverse possession since 19.1.1972 to the extent as shown in the plan annexed as Exhibit-‘O’ to the plaint. The present appellant was not a party to the said decree. In my view, the decree is therefore, not binding upon him. He claims to have an independent ownership rights. He will be at liberty to agitate his rights by filing an independent suit if he so : 2 : desire. If any such suit is filed, the same will be decided on its own merits without being influenced by the impugned decree dated 10.10.1996. With these observations appeal stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)