Why in News?
The Supreme Court flagged the high pendency of 8.82 lakh execution petitions in district courts, highlighting delays in enforcing civil decrees. It directed all High Courts to expedite disposal within six months, following its March 2025 monitoring order.
Description:
Definition:
- An execution petition is a legal tool to enforce a court decree after a civil suit.
- Even after winning a case, the decree-holder must file this petition to obtain what the court has awarded — e.g., payment, property possession, or vacating premises.
- Delays in execution lead to a “second round of litigation” and erode public trust in the judiciary.
Current Pendency (as of Oct 2025):
- 8.82 lakh execution petitions pending across district courts nationwide.
- Disposed in 6 months (after SC March 2025 order): 3,38,685 petitions.
- High pendency states:
- Maharashtra & Goa (Bombay HC) – 3.4 lakh
- Tamil Nadu & Puducherry (Madras HC) – 86,000+
Causes of Delay:
- Legal counsel unavailable: 38.9%
- Stay on proceedings: 17%
- Awaiting documents: 12%
- Procedural hurdles: CPC mandates notice and hearing for objections even at execution stage → adds 2–3 years.
- Lack of granular data on type of execution (property, payment, etc.)
- Regional disparities in judicial infrastructure
Supreme Court Intervention:
- 2021 CJI SA Bobde judgment: Trial courts directed to dispose of execution cases within 6 months.
- March 2025 judgment: Nationwide monitoring exercise ordered; High Courts to report pending cases.
- Oct 16, 2025 follow-up: SC flagged high pendency and gave additional 6 months to expedite disposal; stern action against non-compliant courts (e.g., Karnataka HC).
- Next progress hearing: April 10, 2026.
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