1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.607 OF 2007 WITH CIVIL APPLICATION NO.1099 OF 2006 Mohammed Amin Sikandar Abuji ..... Appellants Since deceased thru’ LRs. vs. Panjrapole, Bhiwandi & Ors. ..... Respondents Mr.Jaydeep S.Deo, Advocate for appellants. Mr.P.S. Dani, Advocate for respondent no.3. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 20th November, 2009. PC : 1. The appellant filed a suit for declaration that he has become owner of the suit land bearing survey no.116 and 119 of village Nizampur, Taluka Bhiwandi by way of adverse possession. Respondents no.1,2 and 5 are the owners of the suit property. The trial Court dismissed the suit holding that the appellant has failed to establish his possession of the suit property, an open piece of land. The appellant was unable to prove any overt act of actual possession thereof. He claims to have been in possession of it only by virtue of some entry in the revenue records. Since the claim of ownership by adverse possession involves actual physical possession of the suit property which is hotile and to the knowledge of the true owners over a period of 12 years the trial Court dismissed the 2 suit. The appellant then preferred First Appeal No.332 of 2000 in the District Court of Thane, which also came to be dismissed confirming the decision of the trial Court. There are concurrent findings of fact as regards the possession of the suit property. I have gone through the judgments of the Courts below. The findings arrived at are based on the material on record and hence cannot be disturbed. There is also no substantial question of law arising for consideration of the Court. Hence, the Second Appeal is dismissed. 2. In view of dismissal of the Second Appeal, the Civil Application No.1099 of 2006 does not survive. The same is accordingly dismissed. (Smt.R.P.SondurBaldota, J.)