1. Heard.

2. This is an application for review filed under Order 47, Rule 1, CPC, by defendant No.5 in Special Civil Suit No.61/1996 for review of the judgment of this Court dated 2/12/2008, dismissing the appeal filed by her, against judgment/decree dated 26/09/2003 of the learned Civil Judge, Senior Division, in the said civil suit.

3. Some basic facts are required to be stated.

4. The dispute is essentially between the two wives of Prakash Naik alias Vaingankar of Ribandar, Goa, for the estate left by him. The said Prakash Naik alias Vaingankar married Mrs. Deepa P. Naik (plaintiff No.1 in the said Civil Suit) on 17/03/1978. The said marriage was short lived till about 8/04/1979. According to the said Prakash Naik alias Vaingankar, the said Deepa P. Naik abandoned the conjugal domicile on or about 8/04/1979, but according to the said Deepa P. Naik (plaintiff No.1) it is she who was driven out of the house by him. At that time, the said Deepa P. Naik was expecting and she gave birth to Kalidas (plaintiff No.2) on 27/05/1979.

5. Thereafter, the said Prakash Naik married Swaroopa P. Vaigankar (defendant No.5/applicant herein) on 17/07/1983, at Sawantwadi, while the fir