Hon’ble Om Prakash-VII, J.—This First Appeal has been filed by the appellants against the order dated 22.5.1998 passed by Additional District Judge, Ghaziabad in Execution Case No. 10 of 1993 [Pradeep Kumar (decree holder) v. State of U.P.] by which the unregistered Will deed dated 26.5.1990 executed by Smt. Savitri Devi in favour of respondent No. 1 Pradeep Kumar was found to be genuine and the objection raised by the appellants was rejected.

2. The facts giving rise to this Appeal are as follows :

3. The appellants and respondent No. 1 are the real brothers and sisters. Smt. Savitri Devi was the mother of the appellants and the respondents. There were several movable and immovable properties in the Family. During the life time of Smt. Savitri Devi and her husband Srikishan, the partition Suit was filed by appellant No. 1 - Ashok Kumar against Srikishan, Smt. Savitri Devi and Pradeep Kumar. It also appears that the house properties owned by the parties at different places were the subject-matter of the partition Suit, which was decreed on 11.1.1978 on the basis of statement on oath made by the parties in the Suit proceeding. It also appears that agricultural land being kha