1 CA 9967....2011 in SA 166.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9967 OF 2011 WITH REVIEW APPLICATION STAMP NO. 21371 OF 2011 IN SECOND APPEAL NO. 166 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 25/11/2011. PER COURT : 1. This is an application for condonation of delay in filing review petition. I have considered the review petition on merits itself. 2. Mr. Shambhuraje V. Deshmukh, the learned counsel for the applicants/petitioners contends that the suit properties were the ancestral properties of Dagdu Gaikwad. In view of that, even if it is assumed that plaintiff nos. 2 and 3 were illegitimate children of Dagdu Gaikwad, still they would not be entitled to the share. As per Section 16 of the Hindu Marriage Act, there is no proof of marriage between plaintiff no. 1 and Dagdu Gaikwad and when there is no proof of marriage, then 2 CA 9967....2011 in SA 166.2011 in such circumstances, plaintiff nos. 2 and 3 would not get any share. 3. It is on record that the share of plaintiff nos. 2 and 3 has not been granted from the whole property. From the half share of Dagdu Gaikwad only the plaintiff nos. 2 and 3 have been granted share along with Maruti S/o Dagdu Gaikwad. While dismissing the Second Appeal, this Court has taken into consideration the said aspect. It has been observed that the plaintiff no. 1 was continuously residing with deceased Dagdu Gaikwad. The long standing cohabitation would give presumption to the marriage. It was only observed that the plaintiff no. 1 can not be said to be the legally wedded wife as the date of death of the first wife is not brought on record. 4. In view of the above, no error has been committed while dismissing the Second Appeal. As such, the review petition is also dismissed. 5. The Civil Application for condonation of delay is allowed. [ S.V. GANGAPURWALA,J. ] KNP/CA 9967....2011 in SA 166.2011