Patna High Court
Savitri DeviversusRenu Devi
- 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.
Summary
In First Appeal No. 57 of 2024, Savitri Devi appealed against Renu Devi. The High Court examined the certified copy of the impugned order dated 18‑08‑2024 from the probate case, noting that the probate matter had been finally disposed on merit with no contentious proceedings. The Court observed that the earlier order dated 19‑02‑2024 in FA No. 39 of 2022 required a procedural step. Consequently, the Court directed the appellant to convert the present first appeal into a miscellaneous appeal under section 299 of the Indian Succession Act within four weeks.
Issues considered
- Whether the first appeal should be converted into a miscellaneous appeal under s.299 of the Indian Succession Act
- Procedural propriety of converting an appeal after the probate case has been finally disposed
Legislation cited
- Indian Succession Act — s. 299
Subjects
- Probate
- Appeal conversion
- Indian Succession Act
- Section 299
- Miscellaneous appeal
- Civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No. 57 of 2024
======================================================
Savitri Devi
... ... Appellant/s
Versus
Renu Devi
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms.Mallika Mazumdar, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 31-03-2026 Perused the office notes dated 15.05.2025/25.03.2026.
2. It appears that on going through certified copy of
impugned order dated 18.08.2024 passed in Probate Case No.
01 of 2022 by the learned Additional District Judge-IX,
Gopalganj, it comes to light that the said case appears to have
been finally disposed of on merit, wherein no contentious
proceeding appears to have been involved.
3. In view of the above, 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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