SUPREME COURT OF INDIA
PADMAVATHY – Appellant
Versus
THAMARAVARDHINI . – Respondent
CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4068 OF 2019 PADMAVATHY … APPELLANT VERSUS THAMARAVARDHINI & ORS. … RESPONDENTS
O R D E R
1. This appeal arises out of a suit for partition decreed by the Trial Court granting 1/6th share to all the coparceners but dismissed by the first appellate Court allowing the appeal which is confirmed by the High Court. In the facts of the case, the effect of applicability of Hindu Succession Act as well as its amendment is a corner stone of the midstream of the dispute.
2. It is urged that the issue was brought before a three Judges Bench because of conflicting judgments in the case of Prakash v. Phulavati, [IN THE SUPREME COURT OF INDIA] and Danamma @ Suman Surpur v. Amar, [Gulsh2an Kumar Arora(2018) 3 SCC 343]. The said issue was decided by this Court in the case of Vineeta Sharma v. Rakesh Sharma & Ors., [Reaso3n: (2020) 9 SCC 1]. In the said case, this Court
Date: 2025.11.04 has considered the spirit of uncodified Hindu Law as well of the codified Hindu Law. The Court has further discussed the concept of coparcener and also how and in what manner the said coparcener can get the right by virtue of the Hindu S
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