Patna High Court
Md. Jalil @ MunniversusSagira Begum
- Decided
- Disposal
- CONVERTED
- Bench
- R P MISHRA
Holding
The appeal must be converted into a miscellaneous appeal under section 299 of the Indian Succession Act within four weeks.
Summary
The appellant, Md. Jalil @ Munni, filed a first appeal under section 299 of the Indian Succession Act challenging the order dated 30.10.2024 of the District and Additional Sessions Judge, Bhagalpur, which had rejected his probate application. The lower court had treated the matter as non‑contentious. The High Court noted an earlier order dated 19.02.2024 in FA No. 39 of 2022 directing conversion of the appeal into a miscellaneous appeal under the same provision. Accordingly, Justice Rudra Prakash Mishra ordered that the present first appeal be converted into a miscellaneous appeal under section 299 of the Indian Succession Act within four weeks. The order was pronounced orally on 01‑04‑2026.
Issues considered
- Whether the first appeal under section 299 of the Indian Succession Act should be converted into a miscellaneous appeal as per the earlier order of the court
Legislation cited
- Indian Succession Act — s. 299
Subjects
- probate
- succession
- appeal conversion
- Indian Succession Act
- miscellaneous appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.32 of 2025
======================================================
Md. Jalil @ Munni S/o Late Md. Yasin, resident of Mohalla-Hussainabad,
P.S.-Muzahidpur, District-Bhagalpur.
... ... Appellant/s
Versus
1. Sagira Begum W/o Md. Jalil @ Munni, resident of Mohalla-Hussainabad,
P.S.-Muzahidpur, District-Bhagalpur.
2. Md. Sarwar Alam, S/o Jalil @ Munni, resident of Mohalla-Hussainabad,
P.S.-Muzahidpur, District-Bhagalpur.
3. Md. Ishteyaque Alam, S/o Md. Zalil @ Munni, resident of Mohalla-
Hussainabad, P.S.-Muzahidpur, District-Bhagalpur.
4. Md. Sadab Alam, S/o Md. Jalil @ Munni, resident of Mohalla-Hussainabad,
P.S.-Muzahidpur, District-Bhagalpur.
5. Md. Furquan Alam, minor, represented through his next friend and guardian
namely Sagira Begum (Mother), resident of Mohalla-Hussainabad, P.S.-
Muzahidpur, District-Bhagalpur.
6. Sabra Jabeen, D/o Md. Jalil @ Munni, resident of Mohalla-Hussainabad,
P.S.-Muzahidpur, District-Bhagalpur.
7. Manowwar Jabee, D/o Md. Jalil @ Munni, resident of Mohalla-
Hussainabad, P.S.-Muzahidpur, District-Bhagalpur.
8. Monajra Jabeen, D/o Md. Jalil @ Munni, resident of Mohalla-Hussainabad,
P.S.-Muzahidpur, District-Bhagalpur.
9. Gazala Jabi, D/o Md. Jalil @ Munni, resident of Mohalla-Hussainabad, P.S.-
Muzahidpur, District-Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anjum Perveen, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 01-04-2026 Perused the office notes.
2. From perusal of record it appears that the present
memo of appeal has been filed u/s 299 of Indian Succession Act,
against impugned order dated 30.10.2024 passed by learned
District and Additional Sessions Judge-V, Bhagalpur in Probate
Patna High Court FA No.32 of 2025(2) dt.01-04-2026
2/2
Case No. 142/2023, whereby learned Court below has rejected
the said case. The said case seems to have been non-contentious
one in view of para No.3 of certified copy of impugned
judgment.
2. In the light of the order dated 19.02.2024 passed in
F.A. No. 39 of 2022 by the Hon’ble Court (DB), 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)
Alok Verma/-
U
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