(A.K. Sikri, Ashok Bhushan and S. Abdul Nazeer, JJ.)
Vineeta Sharma ____________________________________ Appellant;
v.
Rakesh Sharma ___________________________________ Respondent.
Civil Appeal Diary No(s). 32601/2018, decided on December 5, 2018
(IA No. 139136/2018-Condonation of delay In Filing Civil Appeal)
The Order of the court was delivered by
Order
1. There is a conflict of opinion in two Division Bench Judgments of this Court i.e. Prakash v. Phulavati, (2016) 2 SCC 36 and Danamma @ Suman Surpur v. 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.
2. 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 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.
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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