The Supreme Court has raised serious concerns over the prolonged delays in executing court decrees, observing that execution proceedings often take three to four years, effectively rendering the decree meaningless for decree-holders. In response, the apex court has directed all High Courts to gather data on pending execution petitions in district courts.
The directive came in the case of Periyammal (Dead Through LRs.) and Ors. v. V. Rajamani and Anr. Etc (SLP(C) No. 8490-8492/2020), wherein the Supreme Court expressed dismay over the inefficiency of execution proceedings.
Case Background
The case involved a civil suit for specific performance filed by Ayyavoo Udayar in 1986 regarding an agreement to sell. After his passing, his legal representatives continued the case. Over the years, multiple legal proceedings ensued before the court ultimately decreed in favor of the petitioner.
Read Also:- Supreme Court: Suicide Note Alone Cannot Prove Guilt Without Clear Abetment
In 2004, the decree-holder filed a petition requesting the defendants to execute the sale deed and hand over possession of the property. However, the petition was dismissed. A subsequent civil revision petition was allowed in 2006. Again, a petition for execution of the sale deed was filed. In 2008, an order for possession delivery was passed, but the execution remained incomplete.
A bench comprising Justices JB Pardiwala and R. Mahadevan ruled in favor of the decree-holder and directed the executing court to ensure possession is handed over, if necessary, with police assistance.
The Court's order stated:
"In the result, the appeal succeeds and is thereby allowed. The impugned judgment by the High Court is set aside. The order passed by the executing Court is also hereby set aside. The executing Court shall proceed to ensure that the vacant and peaceful possession of the suit property is handed over to the appellants in their capacity as decree-holders. If necessary, with the aid of police. This exercise shall be completed within a period of two months from today."
Read Also:- Supreme Court Directs Comprehensive Tree Census in Taj Trapezium Zone
Following the pronouncement of the judgment, Justice Pardiwala emphasized the need for systemic reform to address execution delays.
"We have also issued directions to all High Courts to call for information regarding all pending execution petitions in the district judiciary because it appears that these executing Courts are taking three to four years to pass appropriate orders, thereby frustrating the entire decree which is in favor of the decree-holder."
The Court’s directive aims to ensure that district courts expedite execution proceedings and that decree-holders receive justice without undue delay. The Supreme Court's intervention highlights the urgent need to streamline execution procedures and enforce decrees promptly.
The legal community and stakeholders will closely monitor how High Courts respond to this directive. The full judgment is expected to be uploaded soon, providing further clarity on the Court’s stance and expectations from lower courts.
Case Details: PERIYAMMAL (DEAD THR. LRS.) AND ORS Versus V. RAJAMANI AND ANR. ETC|SLP(C) No. 8490-8492/2020
