The Estate Of Baban Devi And ORS v. Venkatesh Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.233 of 2016 ====================================================== The Estate Of Baban Devi and Ors ... ... Appellants

Versus

Venkatesh Sharma ... ... Respondent ====================================================== Appearance :

For the Appellants :

Mr. Ashutosh Singh, Advocate For the Respondent :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2023 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.233 of 2016(4) dt.05-07-2023 2/2

4. List this case on 19.07.2023, after changing the nomenclature of the case.

(Khatim Reza, J) shanu/- U