Supreme Court - Daily Orders
Vineeta Sharma vs Rakesh Sharma on 5 December, 2018
Bench: A.K. Sikri, Ashok Bhushan, S. Abdul Nazeer
1
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. Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA Date: 2018.12.07 17:54:48 IST Reason: 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 2 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