Disposed¶18

Uchita Nand Chaudhary @ Uchyita Nand Chaudhary v. Samira Devi

Patna HC15 Apr 2026FA/61/2022

Case brief

AI extract

What is this about?

Patna High Court; First Appeal No. 61 of 2022; Rudra Prakash Mishra, J; probate; Probate Case No. 07 of 2017; rejection of probate; grant of probate; conversion of First Appeal into Miscellaneous Appeal; Section 299 Indian Succession Act; 3rd Additional District Judge, Munger; order dated 28.05.2022; F.A. No. 633 of 1998; F.A. No. 50 of 2022; uncontested probate case; order dated 15-04-2026.

What did the court decide?

Appellant directed to convert the present First Appeal into a Miscellaneous Appeal under Section 299 of the Indian Succession Act within a period of four weeks. ¶18

Uchita Nand Chaudhary @ Uchyita Nand Chaudhary Vs… — Succession and Inheritance | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.61 of 2022

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======================================================

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Uchita Nand Chaudhary @ Uchyita Nand Chaudhary Son of Late Kamaleshwari Chaudhary Resident of Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District- Munger.

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... ... Appellant Versus

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Samira Devi D/o Late Jaggu Chaudhary, W/o Ramswarup Chaudhary Resident of Village- Sanhauli, P.O.- Kahua, P.S.- Sangrampur, DistrictMunger.

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Sachitanand Chaudhary S/o Late Kamaleshwari Chaudhary Resident of Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District- Munger.

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Subodh Chaudhary Son of Late Kamaleshwari Chaudhary Resident of Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District- Munger.

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Abodh Chaudhary Son of Late Kamaleshwari Chaudhary Resident of Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District- Munger.

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Lalan Chaudhary Son of Late Kamaleshwari Chaudhary Resident of VillageBokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, DistrictMunger.

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Sijan Chaudhary Son of Late Kamaleshwari Chaudhary Resident of VillageBokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, DistrictMunger.

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Uday Kumar Chaudhary Son of Late Yogendra Chaudhary Resident of Village- Bokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, District- Munger.

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Sonu Chaudhary Son of Late Subodh Chaudhary Resident of VillageBokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, DistrictMunger.

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Tendulkar Chaudhary Son of Late Subodh Chaudhary Resident of VillageBokhra, Police Station- P.O. Prasando, P.S.- Haveli Khadagpur, DistrictMunger.

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rajesh Ranjan, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

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Patna High Court FA No.61 of 2022(3) dt.15-04-2026

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2/2

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3 15-04-2026 Perused the office notes dated 09.04.2026. From perusal of record it appears that the present memo of appeal has been filed against Order/Judgment dated 28.05.2022 passed by learned 3^rd Additional District Judge, Munger, whereby learned Court below has rejected the Probate Case No. 07 of 2017 filed for grant of probate. On going through the certified copy of impugned order, the said Probate Case does not appear to have been contested by the other side / party before the learned Court below.

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In the light of the last two paragraphs of the order dated 11.08.2017 passed in F.A. No. 633 of 1998 and analogous cases as also vide order dated 30.08.2022 passed in F.A. No. 50 of 2022, the appellant is directed to convert the present First Appeal into Miscellaneous Appeal u/s 299 of the Indian Succession Act, within a period of four weeks.

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(Rudra Prakash Mishra, J)

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manish/-

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Uchita Nand Chaudhary @ Uchyita Nand Chaudhary v. Samira Devi

Case brief

What is this about?

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Uchita Nand Chaudhary @ Uchyita Nand Chaudhary v. Samira Devi

Case brief

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