1. Both the Cases are taken up together as both arise out of the common judgment passed in Succession Certificate case No. 150/97 and 173/97.

2. Heard the learned counsel for both the sides on the interlocutary applications filed on behalf of the respondent No. 1 Geeta Devi, in both the cases which are kept at flag Y, wherein, it has been stated that the appellant preferred the instant first appeals against the order dated 2-12-1999 passed in Succession Certificate Case No. 150/97 and 173/97 by the District Delegate-cum-Sub-Judge, Ist, Dhanabad, who has been delegated the powers of the District Judge under S. 388 of the Indian Succession Art. 1925 (hereinafter to be referred as Act). It has further been stated that under S. 388 (2) of the Act, the appeal will lie before the District Judge against the order passed by the Sub-ordinate Judge exercising the powers of the District Judge delegate. It has, therefore, been prayed that the memorandum of appeal may be returned to the appellants for presentation before the competent Court or in the alternative the stay granted by this Court vide order dated 28-6-2000 may be vacated.

3. A rejoinder has been filed on behalf of the appel