Advocates:
RASHMI NANDAKUMAR

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ITEM NO.1 COURT NO.3 SECTION XIV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 32601/2018

(Arising out of impugned final judgment and order dated 15-05-2018

in RFA No. 301/2017 passed by the High Court of Delhi At New Delhi)

VINEETA SHARMA Appellant(s)

VERSUS

RAKESH SHARMA Respondent(s)

(IA No.139136/2018-CONDONATION OF DELAY IN FILING CIVIL APPEAL)

Date : 05-12-2018 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI

HON'BLE MR. JUSTICE ASHOK BHUSHAN

HON'BLE MR. JUSTICE S. ABDUL NAZEER

For Petitioner(s)

Mr. Biswajit Bhattacharya, Sr. Adv.

Ms. Rashmi Nandakumar, AOR

Mr. Shankar Narayanan, Adv.

For Respondent(s) Mr. Subhasish Mohanty, AOR

Ms. Jyoti Prakash Mohanty, Adv.

UPON hearing the counsel the Court made the following

O R D E R

There is a conflict of opinion in two Division Bench Judgments

of this Court i.e. Prakash vs. Phulavati, (2016) 2 SCC 36 and

Danamma @ Suman Surpur vs. Amar, (2018) 3 SCC 343 with regard to

interpretation of Section 6 of the Hindu Succession Act, 1956 as

amended by Hindu Succession (Amendment) Act of 2005.

In view thereof, this matter has to be heard by a Bench of

three Judge. Though we are sitting in combination of three Judge

Bench, learned counsel for the respondent has drawn our attention

Digitally signed by

SUSHIL KUMAR

RAKHEJA

Date: 2018.12.07

17:54:48 IST

Reason:

Signature Not Verified

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to Order VI Rule 2 of the Supreme Court Rules, 2013 as per which

the matter is to be referred to Hon'ble the Chief Justice and it is

for the Hon'ble Chief Justice to constitute a Bench for hearing the

matter.

We accordingly direct the Registry to place the matter before

Hon'ble the Chief Justice for constitution of the Bench.

(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR)

AR-CUM-PS BRANCH OFFICER