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1

IN THE XXVI ASSISTANT CITY CIVIL COURT, CHENNAI


Present : Thiru. S. SIVASUBRAMANIAN, B.Com., B.L.,
XXVI Assistant Judge
Tuesday, this the 21st day of February, 2023
E.P.No. 2427/2021
in
CNR NO. TNCH01-015970-2021
in
OS. No. 8537/2008
M/s. Canara Bank,
(Formerly known as Syndicate Bank),
Represented by its Senior Manager,
Office at “Sowdha Plaza”,
No.201, Purasawalkam High Road,
Purasawalkam, Chennai – 600 007. ....Petitioner/ Decree Holder
-Vs-

1. A.Jayaraman, (JD1)
2. K. Varadaraj, (JD2)
S/o. P. Kothandan,
Residing at No.74, P.E. Koil,
North Mada Street,
Ayanavaram, Chennai – 600 023. ....Respondents/Judgment Debtors

This Execution petition is coming on 21.02.2023 for final hearing before this
Court in the presence of M/s. AGD Bala Kumar, A. Yokesh Kumar, D. Nagaraj,
K. Saravanan and A. Prabhakaran Counsels for Decree Holder and the G/JD2 having
stage for fresh warrant and having stood over for consideration till this day, this Court
delivered the following:

ORDER
This Execution has been filed under Order XXI Rule 37 and 38 of CPC by the
petitioner/Decree Holder seeking to issue warrant for arrest the Respondent/Judgment
Debtor 2 and put him in civil prison in pursuance of an original suit decree passed in
O.S. No.8537/2008, dated 31.08.2009.
Digitally signed by S
S SIVASUBRAMANIAN
SIVASUBRAMANIAN Date: 2023.02.21
17:59:36 +0530
2

Counsel for decree holder present. On perusal of records, it appears that this EP
was allowed on 07.11.2022 against JD2. Further it appears that arrest batta not paid
for the hearings dates 7.11.2022 and 7.12.2022 and arrest warrant returned as no steps
for the hearing dates 3.1.2023. Today counsel for the decree holder present and
submits that this EP may be dismissed as batta not paid. It shows that Decree Holder
is not interested to prosecuting the matter further. This EP is pending without any
progress. Hence, this Execution petition is dismissed for default. No costs.

Dictated to Steno typist, directly computerized by her, corrected and


pronounced by me in the open court, this the 21st day of February, 2023.
Digitally signed by S
S SIVASUBRAMANIAN
SIVASUBRAMANIAN Date: 2023.02.21
17:59:42 +0530

XXVI Assistant Judge


City Civil Court, Chennai

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