Most. Tarakur vs Phul Kumar - 2023 Supreme(Pat) 1112

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2023 Supreme(Pat) 1112

JITENDRA KUMAR
Most. Tarakur – Appellant
Versus
Phul Kumar – Respondent

Advocates appeared:
For the Appellants : M/s Parth Gaurav, R.K. Dubey, A Raj Singh, Ashutosh Kumar Pandey, Ranjan Kumar Dubey.
For the Respondent 1-8: M/s Bindhyachal Singh, Sr. Adv., Ram Bindo Singh.

ORDER

Ld. counsel for the Appellant is seeking permission to convert the present Miscellaneous appeal into First Appeal in the light of the decision of Hon'ble Division Bench of this Court in Kusheshwar Purbey and Ors. vs. Shri Shri. 108 Ram Janki Jee S. and Ors. as reported in 2017 (3) PLJR 791.

2. In the Kusheshwar Purbey case (supra), Hon'ble Division Bench of this Court had held that an appeal under Section 299 of the Indian Succession Act, against an order finally disposing of a contentious proceeding as envisaged under Section 295 shall be treated as Regular First Appeal and would be governed by the procedure prescribed for such an appeal, and overruled the decision of Hon'ble Single Bench, in Most. Kewala Devi & Anr vs. Sri Krishna Devi & Anr. as reported in 2013 (7) PLJR 76, wherein it was held that in the aforesaid situation, only Miscellaneous Appeal will lie and not Regular First Appeal.

3. He further submits that at the time of filing the present appeal, the Most. Kewala Devi (supra) was the prevailing law and hence, the appeal was filed in the form of Miscellaneous Appeal and it now requires to be converted into First Appeal.

4. Ld. counsel for the Respondent have no objec

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