Delay in getting probate/ Will. What can we do now?

Last three years my case in Mumbai HC.My father had made will in my favour for the flat. My brother has challenged it. Court appointed a commissioner. My examination is over. In my side one witness appeared and said that my father had singed will in her presence. Even society is having copy of will and affidavit made by my father, stating that the property should be transfer on my name. From last one year the matter is not coming on the board. Now my advocate says first we will give letter to opposite party. As its delayed and judge may levy penalty on me for the delay. pl guide and help.