* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 295 OF 2008 W I T H CIVIL APPLICATION NO. 1014 OF 2007 IN SECOND APPEAL NO. 295 OF 2008 [ Smt.Rukayya Y.Shaikh V/S.Mr.Samir Y.Shaikh and Ors.] Office Notes,Office Memoranda of Coram, appearances, Court’s order or Court’s or Judge’s orders directions and Registrar orders Mr.S.N.Chandrachood,adv.for appellant. Mr.Harish Talsania i/by.Pandya & Co.,adv.for respondents no.2 and 3. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 10TH JULY, 2009. P.C. : 1. Heard counsel for both sides. 2. This Second appeal arises out of judgment and decree dated 5th December, 2006 passed in Misc.Civil Appeal No.269 of 2004 arising out of judgment and order of the Joint Civil Judge Senior Division, Pune dated 2nd July 2004 in Misc Application No. 413 of 1998 and Misc.Application No.74 of 2000. 3. The appellant claims to be the wife of Yusuf Shaikh, since deceased and had applied for * 2 * succession certificate in respect of his assets. Both the courts below have held that she has failed to establish that she was married to Yusuf. It also found that there are variance in the pleadings and oral evidence as regards the marriage. In the pleading, it has been contended that the marriage had taken place in the year 1973 whereas the witnesses of the applicant deposed that the marriage was performed in the year 1984. Both the courts below considered the pleadings and the evidence on record and rejected the claim of the appellant of marriage. The concurrent finding is based on the material on record and a probable view in the matter. Therefore, the same cannot be disturbed in the Second Appeal. There is no substantial question of law arising in the matter. Hence, the Second Appeal is dismissed in limine. 4. With the dismissal of the appeal, Civil Application No.1014 of 2007 does not survive. The same is accordingly disposed off. [JUDGE]