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 16th May, 2018, passed by a learned Single Judge in WP 5526 (W) of 2015 (Pinaki Roy Choudhury vs. Kolkata Municipal Corporation & Ors.). By the impugned judgment and order, the writ petition was allowed in terms of the following directions:- "28. Accordingly, I direct as follows:- a. The proceedings for mutation initiated on any notice sent or application made by the respondent No.5 intimating the death of Pijush Kanti Roy Choudhury in respect of Plot No.P-153/A, Scheme VII-M, VIP Road, Kolkata - 700 054 are held to be nullities and are cancelled and set aside together with any and all orders passed thereon. Any entry made in the Municipal Assessment Book in favour of the respondent No.5 in respect of the said property and/or land and/or building thereat shall be struck off and deleted by the respondents and each of them concerned. No effect shall be given thereto. b. The writ petitioner, who has already given notice of the death of Pijush Kanti Roy Choudhury on May 5, 2008 to the respondents through the respondent No.3, shall give a further notice and apply in prescribed form to the respondent No.2 for mutation of the name of the writ petitioner as executor to the estate of the Late Pijush Kanti Roy Choudhury in respect of the property (being land and building) at Plot No.P-153/A, Scheme VII-M, VIP Road, Kolkata - 700 054 in such name and style. c. As and when such notice is sent and application is made the respondents shall immediately, and without prejudice to the respective rights and contentions of the parties, record the name of the writ petitioner in his capacity as executor as the "person responsible" for paying property tax in respect of the said property, till disposal of the application before the respondent No.3. d. The respondent No.3 shall thereafter, after giving all parties and any other person concerned, a reasonable opportunity of being heard, dispose of the application of the writ petitioner for mutation by a reasoned order in the light of my judgment and the observations made therein, within a period of 3 months from the date of any application as in direction (2) made by the writ petitioner and communicate the decision to the writ petitioner, the respondent No.5 and all other concerned persons. Such decision shall be made without prejudice to the respective rights and contentions of the parties relating to the genuineness and validity of the will dated December 14, 2007 and any decision made therein shall be subject to the result of the probate proceedings referred to in paragraph 4 of this Judgement may be revisited by the respondent No.3 on the basis of the result of the probate proceedings as and when an application is made in this behalf by any concerned party disclosing the result of the probate proceedings."
(3.) The instant appeal has been preferred by the private respondent no.5 in the writ proceeding, namely, Smt. Joyasree Roy Chowdhury.;