(1.) THE only issue which has been raised in this batch of matters is whether Hindu Succession (Amendment) Act, 2005 ('the Amendment Act') will have retrospective effect. In the impugned judgment (reported in AIR 2011 Kar. 78 Phulavati v. Prakash), plea of retrospectivity has been upheld in favour of the Respondents by which the Appellants are aggrieved.
(2.) CONNECTED matters have been entertained in this Court mainly on account of the said legal issue particularly when there are said to be differing views of High Courts which makes it necessary that the issue is decided by this Court. It is not necessary to go into the facts of the individual case or the correctness of the findings recorded by the courts below on various other issues. It was made clear during the hearing that after deciding the legal issue, all other aspects may be decided separately in the light of the judgment of this Court.
(3.) ONLY for the purpose of deciding the above legal question, we refer to the brief facts in Civil Appeal No. 7217 of 2013. The Respondent-Plaintiff, Phulavati filed suit being O.S. No. 12/1992 before Additional Civil Judge (Senior Division), Belgaum for partition and separate possession to the extent of 1/7th share in the suit properties in Schedule 'A' to 'G' except property bearing CTS No. 3241 mentioned in Schedule 'A' in which the share sought was 1/28th.
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