Ramkrit Sahani v. Phuleshwari Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.368 of 2016 ====================================================== Ramkrit Sahani ... ... Appellant

Versus

Phuleshwari Devi ... ... Respondent ====================================================== Appearance :

For the Appellant :

Mr. Kumar Uday Singh, Advocate For the Respondent :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-08-2023 This Miscellaneous Appeal has been filed under Section 299 of the Indian Succession Act, 1925 in a contentious proceeding.

2. In view of case of Kusheshwar Purbey Vs. Shri 108 Ram Janaki Jee S. reported in 2017(3) PLJR 791 which reads as under:

"...... the appeals filed under Section 299 of the Indian Succession Act in a contentious proceeding as envisaged under Section 295 of the Indian Succession Act after 27.02.2012 shall be treated for all purposes as First Appeals and similarly the appeals filed under Section 384(2) of the Indian Succession Act shall be treated as Miscellaneous Appeals for all purposes."

3. Office is directed to treat the present appeal as First Appeal and accordingly, nomenclature of the case be changed.

Patna High Court MA No.368 of 2016(3) dt.21-08-2023 2/2

4. List this appeal after conversion of the Miscellaneous Appeal.

(Khatim Reza, J) Gaurav Kumar/- U