The Dipak Misra Judgment based on a reference made by a 2-judge bench of Supreme Court here. You can assume how it would have been decided. The earlier judgment which got overruled is here (Krishna Veni Nagam Vs Harish Nagam on 9 March, 2017 ).
Santhini Vs Vijaya Venketesh on 9 October, 2017Citations : [2017 BOMCR 6 315], [2017 CTC 6 81], [2017 KHC 5 48], [2017 KLT 4 415], [2017 RCR CIVIL 4 623], [2017 SCALE 12 359], [2018 SCC 1 1], [2017 SCC ONLINE SC 1202]
Other Sources :
https://indiankanoon.org/doc/184536583/
https://www.casemine.com/judgement/in/59dbc07bce686e237b6a89fc