Disposed¶16

Ashok Kumar Gupta v. Niru Devi

Patna HC24 Nov 2025FA/171/2025

Case brief

AI extract

What is this about?

Patna High Court; FA No.171 of 2025; order dated 24-11-2025; Shailendra Singh, J; conversion of First Appeal into Miscellaneous Appeal; Section 299 Indian Succession Act; maintainability; office note; amendment of Memo of Appeal; two weeks' time; appeal to be listed before appropriate Bench; appellant Ashok Kumar Gupta; respondents Niru Devi and others; no merits decided; no cases cited.

What did the court decide?

Liberty to convert the First Appeal into a Miscellaneous Appeal under Section 299 of the Indian Succession Act, with two weeks' time to amend the Memo of Appeal; the appeal, after conversion, to be placed before the appropriate Bench. No decision on the merits. ¶16

Ashok Kumar Gupta Vs Niru Devi — Succession and Inheritance | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.171 of 2025

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Ashok Kumar Gupta, Son of Late Ramchandra Prasad Gupta, Resident of Mohalla Swarajpuri Road, Mahabir Ashram Lane, P.S.- Kotwali, DistrictGaya.

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... ... Appellant/s

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Versus

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Niru Devi Wife of Ashok Kumar Gupta, Resident of Muhalla Swarajuri Road, Naklot Ganj, Police Station Kotwali, District- Gaya.

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Amit Kumar, Son of Ashok Kumar Gupta, Resident of Muhalla Swarajuri Road, Naklot Ganj, Police Station Kotwali, District- Gaya.

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Abhishek Kumar, Son of Ashok Kumar Gupta, Resident of Muhalla Swarajuri Road, Naklot Ganj, Police Station Kotwali, District- Gaya.

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Sanjiv Kumar alias Tinku Son of Late Krishna Prasad, Resident of Muhalla Swarajuri Road, Naklot Ganj, Police Station Kotwali, District- Gaya.

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Shashank Chandra, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 24-11-2025

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It is submitted by the appellant's counsel that the instant appeal ought to have been filed as Miscellaneous Appeal under Section 299 of the Indian Succession Act and in this regard, the office note given in respect of the maintainability of this appeal may be perused, and he may be permitted to convert this appeal into a Miscellaneous Appeal.

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2. Considering the aforesaid submission and having taken into account the office note, the appellant’s counsel is permitted to convert this appeal into Miscellaneous Appeal and in this regard, necessary amendments be made in the Memo of

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Patna High Court FA No.171 of 2025(2) dt.24-11-2025 2/2

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Appeal and in this regard, two weeks’ time is given to him.

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3. Let the appeal, after conversion, be placed before

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the appropriate Bench.

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(Shailendra Singh, J)

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maynaz/-