Hira Lal Pandey v. Sant Pandey

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.696 of 2012 ====================================================== Hira Lal Pandey ... ... Appellant/s

Versus

Sant Pandey ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rakesh Chandra, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2023 This Miscellaneous Appeal has been filed under Section 299 of the 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 299of 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

Patna High Court MA No.696 of 2012(4) dt.21-09-2023 2/2 Appeal and accordingly, nomenclature of the case be changed.

4. List this case after a period of two weeks. (Khatim Reza, J) annpurna/- U