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2024 DAILYLAW 1882 (PAT)

Sunita Singh v. Ajay Kumar Singh

FA/109/2024 · 2026-04-07

R P Mishra

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA FIRST APPEAL No.109 of 2024 ====================================================== Sunita Singh W/o Piyush KUmar Singh, daughter in law of Late Arun Kumar Singh, grand daughter in law of Late Ram Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka, at present R/o-Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali, District-Bhagalpur. ... ... Appellant/s Versus 1. Ajay Kumar Singh son of Late Ram Narayan Singh, grand son of Late Gena Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka, at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali, District-Bhagalpur. 2. Mosomat Meena Kumari, W/o Late Arun Kumar Singh, daughter in law of Late Ram Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka, at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali, District-Bhagalpur. 3. Piyush Kumar Singh, S/o Late Arun Kumar Singh, grand son of Late Ram Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka, at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali, District-Bhagalpur. 4. Nitu Singh, D/o Late Arun Kumar Singh, grand daughter of Late Ram Narayan Singh, permanent R/o Village-Beldiha, P.S.-Belhar, District-Banka, at present Mahanth Narayan Das Lane, Bari Sangat, Jogsar, P.S.-Kotwali, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sharda Nand Mishra, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 07-04-2026 Perused the office notes dated 04.10.2024/05.10.2024/26.03.2026. From perusal of record it appears that the present memo of appeal has been filed under Section 96 of C.P.C. against Judgment/Order dated 07.06.2024 passed by learned Additional District Judge – IV, Bhagalpur in Probate Case No. 25/2023, whereby learned Court below has Patna High Court FA No.109 of 2024(2) dt.07-04-2026 2/2 dismissed the application. The said case seems to be non- contentious matter as all opposite parties have not raised any objection as per para no. 3 of certified copy of Impugned Order. 2. In the light of the order dated 19.02.2024 passed in F.A. No. 39 of 2022, the appellant is directed to convert the present First Appeal into Miscellaneous Appeal under Section 299 of the Indian Succession Act, within a period of four weeks. Rajorshi/- (Rudra Prakash Mishra, J) U