-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.202 OF 2003 APPEAL NO.202 OF 2003 APPEAL NO.202 OF 2003 Govind Krishna Bhosale (since deceased through heirs & L.Rs.) ...Appellants vs. Digambar Piragi Vayandarde (since deceased through his heirs and L.Rs.) ...Respondents Mr.Uday Warunjikar for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : MARCH 17,2008 : MARCH 17,2008 : MARCH 17,2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellants. Second Appeal is admitted on the following substantial questions of law : i) Whether the first Appellate Court has completely ignored the evidence of the Respondent No.1a which sufficiently proves that Babai and Raoji were residing as a wife and husband for a considerable period which raises a presumption in favour of existence of a lawful marriage between Babai and Raoji ? ii) Whether the finding recorded by the first Appellate Court on the issue of limitation is perverse in as much as the suit filed by the Appellant was governed by Article 65 of the Limitation Act,1963 and therefore, the period of limitation will not start running unless the Respondents -2- establish that their possession had become adverse to the Appellants ? 2. Printing is dispensed with. The Appellants are directed to file private paper book within a period of one year from today failing which Appeal will stand dismissed for non prosecution without further reference to the Court. JUDGE JUDGE JUDGE