JUDGMENT : RAVI S.DHAVAN, J. 1. This matter has been pending as the record shows for more than four and a half years. This case is numbered as Testamentary Case No. 1 of 1988. 2. The case was filed regarding the estate of Mrs, Shivadasi wife of the late Shri A.C. Mukerji. 3. Amongst many other heirs, one of her sons Mr. D.N. Mukerji, resident of 18 Tagore Town, Allahabad filed this Testamentary case to probate the will of his mother. The other heirs were arrayed as objectors. 4. On issues, it was indicated to the Court that basically the matter has to be settled between the four sons of Mrs. Shivadasi, the mother of the Petitioner D.N. Mukerji and her other three sons Mr. H.K. Mukerji, Mr. A.N. Mukerji and Mr. G.N. Mukerji. 5. The resume of the proceedings shows that upon the proposition presented to the Court it was understood that the heirs would be able to resolve the matter amicably and the only issue which remains was a certain property at Allahabad (18 Tagore Town previously numbered as 26). It is to be apportioned in accordance with the will. 6. If it were to be done strictly in accordance with the will it inconveniences one of the brothers. But, the will has to be probated, unless the heirs agree amongst themselves to an acceptable legal solution and not avoid a trust, should a will create it. 7. Mr. H.K. Mukerji died this year. Now nothing can be done without consulting his heirs. 8. Amongst the Mukerji brothers who are now alive their ages range between 77 years to 64 years. If amongst them, with their maturity and wisdom and of experience of life, they can not resolve their issues at their ripe ages then it would be best that there should not be granted indulgence of the original jurisdiction of this Court to linger a litigation They may seek their probate or succession, which ever, and as the case may be, from the appropriate Civil Court. This matter cannot remain pending to receive more complications, when only a small matter remained to be solved. 9. This Testamentary case is, thus; consigned to the record, and all ad-interim orders are discharged. 10. When this matter was called for the consideration of the Court no counsel for any party was present. This matter cannot remain pending to receive more complications, when only a small matter remained to be solved. 9. This Testamentary case is, thus; consigned to the record, and all ad-interim orders are discharged. 10. When this matter was called for the consideration of the Court no counsel for any party was present. This in itself shows the lack of interest in the matter. 11. Consigned to the record. No order on costs.