Sistla Sarada Devi vs. Uppaluri Hari Narayana

ITEM NO.2 COURT NO.4 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 Petitioner(s)

VERSUS

RAKESH SHARMA Respondent(s)

(IA No.139136/2018-CONDONATION OF DELAY IN FILING EARLIER HEARD BY A.K. SIKRI AND ASHOK BHUSHAN JJ. FOR DIRECTION)

Date : 27-11-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE M.R. SHAH

For Petitioner(s) Mr. Biswajit Bhattacharya, Sr. Adv. Ms. Rashmi Nandakumar, AOR

For Respondent(s) Mr. Subhasish Mohanty, AOR

UPON hearing the counsel the Court made the following O R D E R

The High Court has granted certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India having regard to the fact that there are conflicting decisions of this Court in "Prakash V. Phulavati" (2016) 2 SCC 36, "Danamma @ Suman Surpur Vs. Amar" (2018) 3 SCC 343 and "Mangammal Vs. T.B. Raju" (2018) SCC online SC 422 on the issue involved in this petition. Since the matter is to be heard by the Larger Bench i.e. Digitally signed by ASHWANI KUMAR Date: 2018.11.29 16:00:35 IST Reason: Signature Not Verified

three Judge Bench and this Bench is comprising of three Judges, we can hear the matter finally. Learned counsel for both the parties request some time to prepare the matter.

List on 05.12.2018.

(ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER