Thursday, 18 July 2019

S 6 of Hindu Succession (Amendment) Act, 2005 referred to bench of three judges of Supreme Court

The High Court has granted certificate of fitness to appeal
under Articles 133(1)(a) and 134A of the Constitution of India
having regard to the fact that there are conflicting decisions of
this Court in “Prakash V. Phulavati” (2016) 2 SCC 36, “Danamma @
Suman Surpur Vs. Amar” (2018) 3 SCC 343 and “Mangammal Vs. T.B.
Raju” (2018) SCC online SC 422 on the issue involved in this
petition. Since the matter is to be heard by the Larger Bench i.e.

three Judge Bench and this Bench is comprising of three Judges, we
can hear the matter finally.

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

VINEETA SHARMA Vs RAKESH SHARMA 

Date : 27-11-2018 
This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ASHOK BHUSHAN
HON'BLE MR. JUSTICE M.R. SHAH



UPON hearing the counsel the Court made the following
O R D E R
The High Court has granted certificate of fitness to appeal
under Articles 133(1)(a) and 134A of the Constitution of India
having regard to the fact that there are conflicting decisions of
this Court in “Prakash V. Phulavati” (2016) 2 SCC 36, “Danamma @
Suman Surpur Vs. Amar” (2018) 3 SCC 343 and “Mangammal Vs. T.B.
Raju” (2018) SCC online SC 422 on the issue involved in this
petition. Since the matter is to be heard by the Larger Bench i.e.

three Judge Bench and this Bench is comprising of three Judges, we
can hear the matter finally. Learned counsel for both the parties
request some time to prepare the matter.
List on 05.12.2018.


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