Dr. Ashok Kumar Singh v. Gauri Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.687 of 1994 ====================================================== Dr. Ashok Kumar Singh .... .... Appellant/s

Versus

Gauri Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sukumar Sinha For the Respondent/s : Mr. Brajesh Nandan Bariar(Cav Mr. A.B.P.Sinha(Caveat) Mr. Rabindra Kumar Sinha(Cave Mr. Nagendra Dubey Mr. Ambuj Nayan Choubey Mr. Anil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2015 Learned counsel for the appellant submits that this first appeal is preferred against the Judgment and Order dated 05.07.1994 passed in Title Suit No. 34 of 1980, arising out of Probate Case No. 100 of 1978, whereby the Court of Additional District Judge-IX, Patna allowed the aforesaid title suit granting the probate of will dated 29.12.1969 executed by Lajjadhari Singh in favour of Raj Rani Devi. In view of decision in the case of Most. Kewala Devi and Another Vrs. Sri Krishna Devi and Another reported in 2013(1) PLJR 176, the Miscellaneous Appeal will be filed under section 299 of the Indian Succession Act, 1925. The learned counsel for the appellant seeks permission to convert this title appeal into Miscellaneous Appeal.

Patna High Court FA No.687 of 1994 (21) dt.25-08-2015 2/2 Learned counsel appearing on behalf of Respondents also supported the contention of learned counsel for the appellant that Miscellaneous Appeal is maintainable. In view of the above submissions, let the instant first appeal be converted into Miscellaneous Appeal within three weeks.

(Rajendra Kumar Mishra, J.) Shail/- U