SC terms pendency of over 8.82 lakh execution petitions “alarming”

The Supreme Court has described as “highly disappointing” and “alarming” the pendency of more than 8.82 lakh execution petitions before various courts across the country.

Execution petitions are pleas filed by decree holders seeking enforcement of court orders passed in civil disputes.

A Bench of Justices J.B. Pardiwala and Pankaj Mithal made the observation while reviewing compliance with its March 6 order, which had directed all High Courts to instruct civil courts under their jurisdiction to decide execution petitions within six months. The Bench had also clarified that presiding officers would be held accountable for any delay in following its directive.

“The statistics which we have received are highly disappointing. The figures of the pendency of the execution petitions across the country are alarming. As on date, 8,82,578 execution petitions are pending across the country,” the Bench said.

In the last six months since the March 6 order, a total of 3,38,685 execution petitions have been decided and disposed of, the court noted.

“As observed in our main judgment, after the decree is passed, if it is going to take years and years to execute the decree, then it makes no sense and would be nothing short of travesty of justice,” the Bench said in its October 16 order.

The court once again urged all High Courts to evolve a procedure and guide their respective district judiciary for the effective and expeditious disposal of pending execution petitions.

The apex court, however, noted that “unfortunately, the Karnataka High Court has failed to furnish us with the necessary data in this regard.” It directed the Supreme Court registry to issue a reminder to the Karnataka High Court to submit data regarding disposal and pendency of execution petitions over the past six months.

“The Registrar General of the High Court of Karnataka owes an explanation why he has failed to provide us with the necessary information. Two weeks’ time is granted to the Registrar General of the High Court to offer his explanation in this regard,” the order said.

The matter has been listed for further progress on April 10 next year. The Bench said it expected complete figures from all High Courts on both the pendency and disposal of execution petitions.

“When this matter is notified once again on April 10, 2026, we want all the High Courts on their original side also to furnish the necessary information as regards the pending execution petitions as well as disposal of the same,” it said.

Earlier, on March 6, the court had noted that execution petitions filed for enforcing decrees in civil disputes had remained pending for three to four years.

“If the execution petitions remain pending for three-four years, it defeats the very purpose of the decree,” Justice Pardiwala had observed while writing the March 6 order.

The observations came in a long-pending civil dispute over land between two individuals from Tamil Nadu dating back to 1980.

The Bench had then directed that after collecting data, all High Courts should issue administrative orders or circulars to district courts directing that execution petitions be decided within six months “without fail”. “Otherwise, the presiding officer concerned would be answerable to the High Court on its administrative side,” it had said, noting “long and inordinate” delays by executing courts in deciding such petitions.

The civil dispute before the Bench concerned a sale agreement dated June 30, 1980, executed by Tamil Nadu resident Ayyavoo Udayar over a piece of land. Following a title dispute, Udayar filed a suit for specific performance in 1986.

In 2004, the decree-holder sought a direction for execution of the sale deed and delivery of possession, which was dismissed. The dismissal was challenged and set aside in 2006, but the sale deed remained unexecuted. In 2008, an order for delivery of possession was passed but not carried out.

The top court held that the High Court “committed an egregious error” in passing the impugned order.