LAWS(SC)-2018-12-116

LOKAMANI. AND ORS. Vs. MAHADEVAMMA AND ORS.

Decided On December 07, 2018
Lokamani. And Ors. Appellant
V/S
Mahadevamma And Ors. Respondents

JUDGEMENT

(1.) There is a conflict of opinion of two Division Bench Judgments in 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 Sec. 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.