IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.104/2008 With Civil Application No.294/2008 Smt.Parubai Pandurang Benapure and ors. Appellants Vs. Shri.Dattu Atmaram Benapure & Ors.... Respondents Adv.V.Shri.Rajure for the petitioners Coram:R.S.Mohite,J. Date:3rd June,2008 P.C. 1] The point which is urged in second appeal is that there is no proof of marriage between plaintiff no.3 and the deceased Atmaram .It is contended that plaintiff no.3 did not step into the witness box . Children of plaintiff no.3 would ,therefore,not eligible and would have any share in the partition . In my view whether the concurrent finding that in view of long standing cohabitation from 1941 between Atmaram and plaintiff no.3 there was presumption of marriage.Defendant Shahabai admitted that Atmaram was residing alongwith plaintiff no.3 as husband and wife. The children begotten from this cohabitation also were named after Atmaram The case of plaintiff no.3 that she was married and long cohabitation, which is admitted ,supports the case of plaintiff no.3 .In my view there is no substantial question of law .Hence civil application stands rejected . CIVIL APPLICATION NO.294/2008 As the second appeal has been rejected civil applicationalso stands rejected. (R.S.Mohite,J.)