JUDGMENT

Navin Sinha, J.

The appellants are aggrieved by the denial of succession certificate under Section 372 of the Indian Succession Act, 1925 by the District Judge, East District, Gangtok, affirmed by the High Court in appeal. Consequentially appellant no. 1 stands denied the family pension which has been granted to respondent no. 1 alone.

2. The facts are undisputed. Appellant no. 1 is the first wife of the deceased Ram Chandra Nirola. The two children born from the wedlock, appellant nos.2 and 3 are adults today. The deceased, during the subsistence of his first marriage, solemnized a second marriage with respondent no. 1 on 09.05.1987. Three children were born from this second marriage. The deceased during his life time, on 30.06.2008 executed a Banda Patra (settlement deed), christened as a partition deed, by which he divided his movable and immovable properties between the two wives before his retirement on 30.06.2009. He expired subsequently on 13.04.2015. The appellants applied for a succession certificate, which was denied in view of the settlement deed dated 30.06.2008. The appeal also having been dismissed, the appellants are before this Court staking their claim for fa