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Lokamani and Others v. Mahadevamma and Others

There is a conflict of opinion of two Division Bench Judgments in this Court i.e. Prakash v. Phulavati1 and Danamma v. Amar2 with regard to interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005.

(A.K. Sikri and S. Abdul Nazeer, JJ.)

Lokamani and Others ____________________________ Petitioner(s);

v.

Mahadevamma and Others ________________________ Respondent(s).

Petition(s) for Special Leave to Appeal (C) No(s). 684/2016, decided on December 7, 2018

Petition(s) for Special Leave to Appeal (C) No(s). 684/2016 and RFA No. 58/2014

The Order of the court was delivered by

Order

1. There is a conflict of opinion of two Division Bench Judgments in this Court i.e. Prakash v. Phulavati1 and Danamma v. Amar2 with regard to interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005.

2. In view thereof, this matter has to be heard by a Bench of three Judge. Learned counsel for the respondent has drawn our attention 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 Hon’ble the Chief Justice to constitute a Bench for hearing the matter.

3. We accordingly direct the Registry to place the matter before Hon’ble the Chief Justice for constitution of the Bench.

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1 (2016) 2 SCC 36 : (2016) 1 SCC (Civ) 549

2 (2018) 3 SCC 343 : (2018) 2 SCC (Civ) 385

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