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Madras High Court · body

2025 DAILYLAW 112019 (MAD)

K. Jayabalakrishnan, v. Eswaramoorthy,

CRP/5013/2025 · 2025-10-16

P B Balaji

Transfer Petitionbody2025

Judgment text

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CRP.No.5013 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.10.2025 CORAM : THE HONOURABLE MR. JUSTICE P.B. BALAJI CRP.No.5013 of 2025 K.Jayabalakrishnan ...Petitioner Vs. Eswaramoorthy ...Respondent Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Execution Court/Sub Court, Kangayam to execute the civil arrest warrant through the SHO, Vellakovil PS to secure the respondent/JD in compliance with the Docket order dated 19.12.2024 made in E.A.No.3 of 2024 in E.P.No.49 of 2020 in O.S.No.206 of 2017. For Petitioner : Ms.M.Adhishree ORDER The present revision has been filed seeking to direct the Sub Court, Kangayam to execute the civil arrest warrant in compliance with the Docket order dated 19.12.2024 made in E.A.No.3 of 2024 in E.P.No.49 of 2020 in O.S.No.206 of 2017. Page No.1 of 4 https://www.mhc.tn.gov.in/judis CRP.No.5013 of 2025 2. In view of the limited request made in this revision, notice to the respondent is dispensed with. 3. The case of the revision petitioner is that, he is the decree holder in O.S.No.206 of 2017 and he has filed an execution petition under Order 21 Rule II(2) of CPC in E.P.No.49 of 2020 seeking to issue civil arrest warrant and the Executing Court, as early as on 16.06.2023, ordered civil arrest and the Judgment debtor also appeared in obedience to the notice issued by the Court and paid a sum of Rs.50,000/- and also undertook to pay the balance amount within a period of three months. However, the judgment debtor has defaulted in payment and also absconded, in order to defeat the warrant of arrest. The petitioner has therefore, filed E.A.No.3 of 2024 to direct the Station House Officer, Vellakovil Police Station to execute the civil arrest warrant. Even the said application was allowed on 19.12.2024. Despite the same, the civil warrant remains un-executed. Thereby, the petitioner filed the present revision petition seeking appropriate directions to the Execution Court for execution of civil arrest warrant, as expeditiously as possible. Page No.2 of 4 https://www.mhc.tn.gov.in/judis CRP.No.5013 of 2025 4. I have heard the learned counsel for the petitioner and I have also perused the affidavit filed in support of this revision. 5. Considering the limited prayer sought for in this revision, this Court directs the Executing Court/Sub Court, Kangapyam to ensure compliance of the warrant of civil arrest dated 16.06.2023 and the Executing Court shall complete the execution proceedings on or before 31.01.2026. 6. With the above observations and directions, this Civil Revision Petition stands disposed of. No costs. 16.10.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To The Sub Court, Kangayam. Page No.3 of 4 https://www.mhc.tn.gov.in/judis CRP.No.5013 of 2025 P.B. BALAJI , J. skt CRP.No.5013 of 2025 16.10.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis