17.04.2025
Order No.
05. This matter is taken up through hybrid mode.
2. This application has been filed for review of judgment
dated 07.03.2024 passed by this Court in L.A.A. No.33 of
2015. The sole ground to sought for review is that
impugned judgment has been passed relying on only
paragraph No.137 of the judgment of Supreme Court in
Vineeta Sharma Vs. Rakesh Sharma and others,
reported in (2020) 9 SCC 1 (para-129 of the downloaded
copy of the judgment), without taking note of the
observation made in paragraph No.80 (para-75 of the
downloaded copy of the Judgment) of the said judgment. In
the said paragraph, referring to the judgment of the
Supreme Court in Prakash Vs. Phulavati, it was observed
that the daughter should be living on 09.09.2005. As
Nilabati expired on 29.09.1998, which is much prior to
coming into force of the Hindu Succession (Amendment)
Act, 2005, the rights over the properties are all vested in
the surviving coparceners.
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