The Supreme Court on Wednesday (March 6) directed all High Courts to collect information on pending execution petitions in district courts.

The order comes in response to concerns that executing courts are taking three to four years to pass necessary orders, thereby undermining the enforcement of decrees in favor of decree-holders.

The case before the court involved Ayyavoo Udayar, who had filed a civil suit for specific performance in 1986 concerning an agreement to sell. Following his demise, his legal heirs continued the proceedings, and after years of litigation, the suit was decreed in their favor.

In 2004, the decree-holder sought the execution of the sale deed and possession of the property, but the petition was dismissed. A civil revision petition challenging this order was allowed in 2006. Another execution petition followed, and in 2008, an order for delivery of possession was passed. However, the decree could not be enforced.

A Supreme Court bench comprising Justices JB Pardiwala and R. Mahadevan has now directed the executing court to ensure possession is handed over to the petitioners, with police assistance if required. The court set aside the High Court's impugned judgment as well as the executing court's earlier order. It further directed that the execution process be completed within two months.

Following the judgment, Justice Pardiwala emphasized the need for systemic reforms, stating, "We have directed all High Courts to collect data on pending execution petitions in district courts, as delays of three to four years in passing orders are frustrating the very purpose of decrees."

The case details are as follows: Periyammal (Dead Through Legal Representatives) & Ors. vs. V. Rajamani & Anr. etc. | SLP(C) No. 8490-8492/2020.