IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.331 of 2008 MUSARAF HUSSAIN @ GULSHAD @ MD Versus IMTEYAZ AHMAD & ORS ----------- 4. 25.9.2008 Heard learned counsel for the appellant regarding maintainability of the appeal. Office has pointed out that it would come within the purview of First Appeal and Miscellaneous Appeal is not maintainable. Office has referred to an order dated 23.6.2006 passed in F.A.No. 45 of 2006. I have gone through the aforesaid order passed in F.A.No. 45 of 2006. The order is elaborate one dealing with entire aspect of the matter and, in my view, Miscellaneous Appeal is not maintainable, which would come within the purview of First Appeal. However, it is made clear that in such matter when question is to decide as to the guardianship of the minor, it should be placed for hearing at the earliest so that it could be decided within the period when wards still remain minor and they do not attain the majority. (Subash Chandra Jha,J.) spal/