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Patna High Court

Rakesh Chandra SahayversusVikash Chandra Sahay Verma

Decided
Disposal
CONVERTED

Holding

The court held that the first appeal must be converted into a miscellaneous appeal under Section 299 of the Indian Succession Act.

Summary

The appellant filed a first appeal under Section 299 of the Indian Succession Act challenging a probate judgment dated 20‑12‑2024 that rejected his petition. The lower court had not faced any opposition from the respondents. The Patna High Court, after reviewing the appeal and the office notes, observed that the appeal should be treated as a miscellaneous appeal under the same statutory provision. Consequently, the court directed that the first appeal be converted into a miscellaneous appeal within four weeks. No substantive merits of the succession dispute were addressed in this order.

Issues considered

  • Whether the first appeal filed under Section 299 of the Indian Succession Act should be converted into a miscellaneous appeal under the same provision

Legislation cited

Subjects

  • Probate
  • Succession
  • Section 299
  • Miscellaneous appeal
  • High Court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      FIRST APPEAL No.21 of 2025
                 ======================================================
                 Rakesh Chandra Sahay S/o Late Chandra Madhav Sahay Verma R/o Mohalla-
                 Damuchak, P.S.-kazi Mohammadpur, District-Muzaffarpur (East).

                                                                           ... ... Appellant
                                                  Versus

           1.    Vikash Chandra Sahay Verma S/o-Late Chandra Madhav Sahay Verma R/o
                 Flat no. 605, Krishna Sapphire, Plot no. B-24125, Sector-8, Ulwe, Navi
                 Mumbai-410206, Maharashtra.
           2.    Amaresh Chandra Sahay Verma S/o Late Chandra Madhav Sahay Verma
                 R/o-Mohalla Nandanpuri, Khajpura Jagdeopath, P.O.-B.V. College, PS-
                 Shastri Nagar, Patna
           3.    Peeyoosh Chandra sahay Verma S/o Late Chandra Madhav Sahay Verma
                 R/o Mohalla Road no.1, Juran Chapra, P.O. HPO, P.S. and Anchal-Musahari,
                 District-Muzaffarpur.

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

3   01-04-2026             Perused the office notes dated 12.02.2026.

                           2.     From perusal of record it appears that the present

                   Memo of Appeal has been filed u/S 299 of the Indian

                   Succession Act against Judgment dated 20.12.2024 passed by

                   learned District Judge-I, Muzaffarpur in Probate Case No. 98 of

                   2022, whereby learned Court below has rejected the said

                   petition. The said case seems to have been not contested by

                   opposite party in view of para No.3 of certified copy of

                   impugned judgment.

                           3.      In the light of the order dated 19.02.2024 passed in
           Patna High Court FA No.21 of 2025(3) dt.01-04-2026
                                                        2/2




                     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)

Raj Kishore/-

U


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