IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No.202 of 1987 (O&M) Date of decision: 04.11.2009 Bhajan SIngh and others -----Appellants Vs. Kartar Singh. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL Present:- None for the appellants. Mr. G.K. Chawla, Advocate for the respondent. --- ORDER: 1. This appeal has been preferred by the defendants against decree granted by the lower appellate Court in favour of the respondent/plaintiff with regard to 1/3rd share of the suit land. 2. Case of the respondent/plaintiff was that he was brother of Rattan Singh who died issueless and was entitled to inherit part of his estate as one of the heirs. The suit was contested by the defendants, the other heirs of Rattan Singh, on the basis of Will dated 17.12.1958 Ex.D1. Main issue between the parties was issue No.(iii), relating to validity of Will. 3. The trial Court upheld the Will by observing that Rattan Singh used to live with the defendants and the Will was genuine. On appeal, the lower Appellate Court reversed the RSA No.202 of 1987 decree of the trial Court. It was held that the Will had not been proved in accordance with law. 3. The appeal has been pending for the last 22 years. The appeal can be entertained only if there is any substantial question of law. No substantial question of law has been framed. 4. Inspite of repeated calls, none appears for the appellants. The matter was shown in the list earlier also. 5. In these circumstances, the appeal is dismissed for non-prosecution. 6. A copy of this order be sent to one of the appellants. November 04, 2009 (ADARSH KUMAR GOEL) ashwani JUDGE 2