K.Jayabalakrishnan vs Eswaramoorthy
2025 Latest Caselaw 7906 Mad

Madras High Court

K.Jayabalakrishnan vs Eswaramoorthy on 16 October, 2025

                                                                                             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.

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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.

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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.








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                                                                                    P.B. BALAJI, J.

                                                                                                    skt









                                                                                          16.10.2025









https://www.mhc.tn.gov.in/judis       ( Uploaded on: 24/10/2025 03:35:19 pm )