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Patna High Court

Anil KumarversusEstate of Most. Kaushalya Devi

Decided
Disposal
CONVERTED

Holding

The Court held that the First Appeal should be converted into a Miscellaneous Appeal under Section 299 of the Indian Succession Act, 1925 within four weeks.

Summary

The appellant, Anil Kumar, filed a First Appeal under Section 299 of the Indian Succession Act, 1925 challenging a probate judgment dated 29 January 2025 that had rejected his claim. The High Court examined the appeal and noted that the matter was non‑contentious. Referring to a prior order dated 19 February 2024, the Court directed that the First Appeal be converted into a Miscellaneous Appeal under the same statutory provision. The conversion must be effected within four weeks of the order. No substantive merits of the succession dispute were decided; the order was purely procedural.

Issues considered

  • Whether a First Appeal filed under Section 299 of the Indian Succession Act, 1925 can be converted into a Miscellaneous Appeal under the same section
  • Whether the conversion must be ordered within a specified time frame

Legislation cited

Subjects

  • probate
  • succession
  • Section 299
  • First Appeal
  • Miscellaneous Appeal
  • procedural order
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      FIRST APPEAL No.84 of 2025
                 ======================================================
                 Anil Kumar Son of Vijay Pandit Resident of Village- Sekh Dumari, Police
                 Station- Nayagaon, District- Saran.



                                                                         ... ... Appellant/s
                                                 Versus



           1.    Estate of Most. Kaushalya Devi Wife of Late Shivnath Pandit Resident of
                 Village- Sekh Dumari, Police Station- Nayagaon, District- Saran.
           2.    Malti Devi, Wife of Amarjit Pandit Resident of Village- Kachnapur
                 Rajasore, Police Station- Vaishali, District- Vaishali.



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :    Mr. Dhanendra Chaubey, Advocate
                 For the Respondent/s   :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-05-2026             Perused the office notes dated 07.07.2025.

                           2. From perusal of record it appears that the present

                   memo of Appeal has been filed u/s 299 of the Indian Succession

                   Act, 1925 against judgment dated 29.01.2025 passed by learned

                   fast District and Additional Judge-II, Saran at Chapra in probate

                   case no. 61 of 2018, whereby learned court below has rejected

                   the case. The said case seems to have been non-contentious one

                   in view of para No.4 of certified copy of impugned judgment.

                           3. In the light of the order dated 19.02.2024 passed in
           Patna High Court FA No.84 of 2025(2) dt.04-05-2026
                                                        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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