JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 10th May, 2018, passed by a learned Single Judge in WP 30604 (W) of 2017 (Sri Muklal Sukul vs. Hooghly Chinsurah Municipality & Ors.). By the impugned judgment and order, the learned Single Judge has proceeded to dispose of the writ petition filed by Sri Muklal Sukul, being the respondent no.1 herein. 3. Initially when this appeal was moved, this Court had tried to have the matter resolved through mediation since it was essentially a dispute between two brothers with regard to enjoyment of their joint family property. This effort of having the dispute resolved through mediation failed. As such, this Court was constrained to decide the fate of the appeal on its own merit. Consequently, we had directed the concerned authority of Hooghly Chinsurah Municipality to file a report in the form of an affidavit stating therein specifically as to what was the construction made or was in occupation of the respondent no.1/writ petitioner prior to 8th February, 2017 and what was the extent of construction - if any - made by him after 8th February, 2017, being the date when a plan was sanctioned by the concerned municipality, which was subsequently cancelled. Such report in the form of an affidavit has been filed on behalf of the Hooghly Chinsurah Municipality. 4. Having heard the learned advocates for the parties and upon perusing the pleadings before us as well as the report in the form of an affidavit filed on behalf of the concerned municipality, we are of the view that in the facts and circumstances of the instant case, the two brothers should have their dispute resolved through the adjudicatory mechanism, which is available in the form of the Court of the learned Civil Judge (Sr. Division) 1st Court, Hooghly, where a civil proceeding is pending. 5. Division) 1st Court, Hooghly, where a civil proceeding is pending. 5. So far as the impugned judgment and order is concerned, the part of it where the learned Single Judge has made it open to the private parties to approach the appropriate Court with regard to further construction at the premises concerned cannot be allowed to be sustained and that part of the impugned judgment and order is liable to be set aside and is accordingly set aside. 6. All points are now kept open to be agitated before the competent Civil Court which shall decide the pending civil suit as expeditiously as possible, preferably with a period of six months from date, without being influenced in any manner by any observation made by the learned Single Judge or by this Court. 7. The appeal and the application for stay stand disposed of accordingly. 8. Urgent Photostat certified copy of this order, if applied for, be given to the parties. I agree.