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Patna High Court

Tara SinghversusAmarnath Ray

Decided
Disposal
CONVERTED

Holding

The first appeal is to be converted into a miscellaneous appeal under section 299 of the Indian Succession Act.

Summary

The appellant filed a first appeal against a judgment dated 03‑04‑2024 of the Additional District Judge‑II, Rohtas, which had allowed a petition in Probate Case No. 34 of 2020. The court examined the record and noted an earlier order dated 19‑02‑2024 in FA No. 39 of 2022 directing that the appeal be treated as a miscellaneous appeal under section 299 of the Indian Succession Act. Accordingly, Justice Rudra Prakash Mishra ordered that the present first appeal be converted into a miscellaneous appeal within four weeks. The conversion is intended to align the procedural posture with the statutory provisions governing succession matters. The order was pronounced orally on 08‑04‑2026.

Issues considered

  • Whether the first appeal should be converted into a miscellaneous appeal under section 299 of the Indian Succession Act.

Legislation cited

Subjects

  • Probate
  • Appeal
  • Indian Succession Act
  • Section 299
  • Miscellaneous Appeal
  • Conversion

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.150 of 2024
                 ======================================================
           1.     Tara Singh D/o Late Ram Awadh Singh @ Late Ram Awadh Ray, W/o
                  Shashi Bhushan Singh, R/o Village-Chawari, P.O. and P.S.-Kochas, District-
                  Rohtas at present SH 5/112-A-1H, Laxmanpur, Shivpur, Tarna, Varanasi, UP.
           2.    Savitri Devi @ Santri Devi, D/o Late Ram Awadh Singh @ Late Ram
                 Awadh Ray, W/o Mithilesh Singh, R/o Village-Chawari, P.O. and P.S.-
                 Kochas, District-Rohtas at present R/o Awanti, Chandauli, District-
                 Chandauli, UP.
           3.    Prasant Gautam, S/o Late Purendu Shekhar @ Purnendu Rai, R/o Village-
                 Chawari, P.O. and P.S.-Kochas, District-Rohtas.

                                                                           ... ... Appellant/s
                                                   Versus

           1.    Amarnath Ray S/o Late Dinesh Ray, R/o Village-Chawari, P.O. and P.S.-
                 Kochas, District-Rohtas.
           2.    Asha Kunwar, W/o Late Purendu Shekhar @ Purnendu Rai, R/o Village-
                 Chawari, P.O. and P.S.-Kochas, District-Rohtas.
           3.    Anamika Singh, D/o Late Purendu Shekhar @ Purnendu Rai, R/o Village-
                 Chawari, P.O. and P.S.-Kochas, District-Rohtas.
           4.    Kusum Devi, D/o Late Ram Awadh Singh @ Late Ram Awadh Ray, R/o
                 Village-Chawari, P.O. and P.S.-Kochas, District-Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Ashok Kumar, Advocate
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   08-04-2026                 Perused the office notes dated 05.02.2025/26.03.2026.

                   From perusal of record, it appears that the present memo of

                   appeal has been filed against Judgment dated 03.04.2024 passed

                   by learned Additional District Judge-II, Rohtas at Sasaram in

                   Probate Case No. 34 of 2020, whereby learned Court below has

                   allowed the petition. The said case seems to have been non-
           Patna High Court FA No.150 of 2024(2) dt.08-04-2026
                                                        2/2




                     contentious on perusal of para No.3 of certified copy of

                     impugned Judgment furnished herewith.

                                  2. In the light of the order dated 19.02.2024 passed in

                     F.A. No. 39 of 2022, the appellant is directed to convert the

                     present First Appeal into Miscellaneous Appeal u/s 299 of the

                     Indian Succession Act, within a period of four weeks.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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