JUDGMENT

The instant appeal has been filed in terms of section 384 of the Indian Succession Act, 1925 (hereinafter referred to as the Act of 1925) against the order dated 3.11.2022 (hereinafter impugned order) passed by the court of District Judge, Srinagar, (hereinafter court below) in case titled as “Yasir Farooq and another versus public at large and others¡±.

2. Before adverting to the grounds urged in the memo of appeal, a brief background of the facts becomes imperative hereunder:—

• The appellants claim to be parents of one Sheikh Sajad Amin, who is stated to have died on 17.8.2017 (hereinafter referred to as the deceased) and is survived by a minor son – respondent 2 herein.

• The deceased is stated to have divorced his wife - respondent 1 herein - during his lifetime and also executed a divorce deed dated 29.10.2016 in this regard.

• The deceased is stated to have been an employee of the Transport Department, having left behind an amount of Rs. 6 lakhs in his CP Fund account.

• The respondent 1 herein is stated to have filed an application on her behalf and on behalf of respondent 2 under section 372 of the Act of 1925 before the court below for grant of succession c