IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.110 of 2009 SMT. NUTAN SINGH Versus ESTATE OF SHANKAR SHARAN SINGH ----------- 04 09.03.2010 Mr. Lalit Kishore, learned Senior counsel appearing on behalf of the respondents raises an issue of jurisdiction. He states that in view of recent Full Bench judgment of this Court reported in 2009 (3) PLJR 990 appellant should have filed a miscellaneous appeal in stead of a first appeal, as the appeal is against an order granting succession certificate, which order though a judgment has force of a decree but is not a decree. In my view, the objection is well taken. Learned counsel for the appellant seeks leave to convert this first appeal into a miscellaneous appeal. Leave is granted. Learned counsel for the appellant further prays that due to urgency in the matter for consideration of the interlocutory application this converted miscellaneous appeal be listed for consideration at the earliest. Let Registry to take necessary steps in the matter at the earliest. Trivedi (Navaniti Prasad Singh, J.)