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2023 Supreme(Mad) 1876

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
E. Sundara Murthy – Appellant
Versus
Banu – Respondent


Advocates appeared:
For the Appellants:D. Murthy, Advocate. For the Respondents: R2 to R5, P. Muthukumar, State Government Pleader Assisted by R. Anitha, Special Government Pleader.

JUDGMENT

(Prayer: Review Application filed under Order 47 Rule 1 CPC read with Section 114 of CPC seeking review of the final order dated 07.06.2023 passed in W.P.No.12761 of 2023 on the file of this Court.)

Sanjay V. Gangapurwala, CJ.

We have heard Mr.D.Murthy, learned counsel for the review applicant and Mr.P.Muthukumar, learned State Government Pleader, for the official respondents.

2. It is stated by the learned counsel for the review applicant that S.Banu, the first respondent herein, filed the writ petition bearing No.12761 of 2023. Though the review applicant was respondent No.5, on the first date of hearing the learned State Government Pleader made a statement that the encroachment would be removed on 16.06.2023. The fact that the petitioner has filed an appeal under Section 10 of the Land Encroachment Act, 1905, was suppressed. The review applicant also filed an application under Section 10B of the said Act for stay. The same is not being heard and on the basis of the statement of the learned Special Government Pleader, the respondent authorities are now trying to evict the petitioner.

3. On 07.06.2023, while disposing of W.P.No.12761 of 2023, we have not passed any orders on m

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