Patna High Court
Bhogendra SahversusYogendra Sah
- 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 Bhogendra Sah filed a first appeal against the District Judge's order dated 27‑09‑2025 which allowed a probate case (No. 12 of 2023) that was not contested by the respondent. The High Court, recalling its earlier order in F.A. No. 39 of 2022 dated 19‑02‑2024, directed that the present first appeal be converted into a miscellaneous appeal under section 299 of the Indian Succession Act. The court gave the appellant four weeks to comply with this direction. No substantive merits of the probate dispute were addressed; the order dealt solely with procedural conversion. The appellant is therefore required to file the converted appeal within the stipulated time.
Issues considered
- Whether the first appeal should be converted into a miscellaneous appeal under section 299 of the Indian Succession Act
Legislation cited
- Indian Succession Act — s. 299
Subjects
- Probate
- Appeal
- Indian Succession Act
- Section 299
- Miscellaneous Appeal
- Procedural Order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.33 of 2026
======================================================
Bhogendra Sah
... ... Appellant/s
Versus
Yogendra Sah
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Krishna Murari, Advocate
For the Respondent/s : Mr.Suresh Kumar Ishwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-03-2026 Perused the office notes dated 25.03.2026. From
perusal of the record, it appears that the present Appeal has been
filed against impugned order dated 27.09.2025 passed by
learned District Judge-IX, Sitamarhi in Probate Case No. 12 of
2023, whereby learned Court below has allowed the said case.
The said case seems to have been not contested by Opposite
Party in view of para Nos. 6 and 11 of the certified copy of
impugned order.
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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