Patna High Court
Rakesh Chandra SahayversusVikash Chandra Sahay Verma
- Decided
- Disposal
- CONVERTED
- Bench
- R P MISHRA
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
- Indian Succession Act — s. 299
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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