Patna High Court

Kiran DeviversusEstate of Late Shayam Narayan Puri

Decided: 23 March 2026
Disposal: CONVERTED
Bench: R P MISHRA

Holding

Permission to convert the first appeal into a miscellaneous appeal was duly granted.

Summary

The appellants, Kiran Devi and Deepika, daughters of the late Sachchidanand Puri, filed a first appeal (No.29 of 2023) challenging a decree concerning the estate of the late Shayam Narayan Puri. The respondents were the estate and several heirs of the deceased. The appellants sought the Court's permission to convert the first appeal into a miscellaneous appeal, citing a prior judgment (First Appeal No.39 of 2022 dated 19‑02‑2024). Justice Rudra Prakash Mishra considered whether such conversion was permissible under procedural law. Relying on the earlier decision, the Court granted the request, allowing the conversion. The Court also directed that the appellants be given two weeks to effect the conversion.

Issues considered

Whether the Court may grant permission to convert a first appeal into a miscellaneous appeal under the Civil Procedure Code

Subjects

appeal conversion
miscellaneous appeal
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        FIRST APPEAL No.29 of 2023
                  ======================================================
            1.     Kiran Devi Wife of Late Sachchidanand Puri Resident of Village-Bankipur
                   Gorakh, P.S. Fatwah, P.O.-Fatwah, District-Patna.
            2.    Deepika Daughterof Late Sachchidanand Puri Resident of Village-Bankipur
                  Gorakh, P.S. Fatwah, P.O.-Fatwah, District-Patna.
                                                                         ... ... Appellant/s
                                                    Versus

            1.    Estate of Late Shayam Narayan Puri Son of Late Mahabir Puri, Village-
                  Bankipur Gorakh, P.S. Fatwah, P.O.-Fatwah, District-Patna.
            2.    Binay Kumar Puri Son of Shardanand Puri Resident of Village-Bankipur
                  Gorakh, P.S. Fatwah, P.O.-Fatwah, District-Patna.
            3.    Veena Puri Daughterof Late Sachchidanand Puri Village-Bankipur Gorakh,
                  P.S. Fatwah, P.O.-Fatwah, District-Patna.
            4.    Nirupama Puri Daughter of Late Sachchidanand Puri Resident of Village-
                  Bankipur Gorakh, P.S. Fatwah, P.O.-Fatwah, District-Patna.
            5.     Anupama Puri Daughter of Late Sachchidanand Puri Resident of Village-
                   Bankipur Gorakh, P.S. Fatwah, P.O.-Fatwah, District-Patna.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :      Mr.Akshansh Ankit, Advocate
                  For the Respondent/s   :      Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

3    23-03-2026                 In the light of Judgment dated 19.02.2024 passed in

                    First Appeal No. 39 of 2022, learned counsel for the Appellants

                    seeks permission to convert this Appeal into Miscellaneous

                    Appeal.

                                2. Permission, as prayed for, is accorded.

                                3. Two weeks’ time is granted to convert the present

                    First Appeal into Miscellaneous Appeal.



                                         (Rudra Prakash Mishra, J)
manish/-

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