Execution petitions must be resolved within six months of filing to prevent undue delays in justice delivery.

ORDER :

A.D.Jagadish Chandira, J.

This Civil Revision Petition has been filed by the petitioners seeking for a direction to the learned District Munsif, Panruti, to dispose E.P.No.49 of 2006 in O.S.No.233 of 1981 within a specified time.

2. The brief facts of the case are that the revision petitioners and the respondents are the legal heirs of the plaintiffs and the defendants respectively in O.S.No.233 of 1981. The suit filed by the plaintiffs against the defendants before the Sub-Ordinate Court, Cuddalore in O.S.No.233 of 1981 seeking for the relief of specific performance was decreed on 07.08.1984. The second appeal filed before this Court in S.A.No.1534 of 1984 was disposed on 16.02.2001. Thereafter, the execution petition filed by the petitioners before the District Munsif Court, Panruti was numbered in the year 2006. However, till date, there is no progress in the execution petition and the executing Court has been repeatedly adjourning the matter, thereby, the present Civil Revision Petition has been filed.

3. Learned counsel appearing for the petitioners submitted that the suit filed by the plaintiffs was decreed on 07.08.1984 and the execution petition filed by the legal heirs of the plaintiffs was numbered in the year 2006, however, the matter is still pending before the Executing Court. He further submitted that even after getting the decree in their favour, the petitioners are unable to enjoy the fruits of the decree since 1984. Hence, he seeks for a direction to the executing Court to dispose the Execution Petition within a specified time frame.

4. Having heard the learned counsel appearing for the petitioners and perused the materials available on record, this Court is able to see that despite the suit being decreed in the year 1984, the Execution Petition filed by the petitioners in E.P.No.49 of 2006 is still pending without any progress.

5. The Hon'ble Apex Court, in Periyammal (Dead) through Lrs & Ors vs. V.Rajamani & Anr Etc. reported in 2025 INSC 329 , referring to the earlier decisions made in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others , reported in (2021) 6 SCC 418 and Bhoj Raj Garg vs.Goyal Education and Welfare Society & Ors, reported in 2022 LiveLaw (SC) 976 , has held that the executing Courts must dispose of the execution proceedings within six months from the date of filing. The Hon'ble Apex Court has also held that the execution petitions shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side.

6. The paragraphs concerning the directions issued by the Hon'ble Apex Court in the above decision are extracted hereunder :-

“72. Before we close this matter, we firmly believe that we should say something as regards the long and inordinate delay at the end of the Executing Courts across the country in deciding execution petitions.

73. It is worthwhile to revisit the observations in Rahul S. Shah (supra) wherein this Court has provided guidelines and directions for conduct of execution proceedings. The relevant portion of the said judgment is reproduced below:

“42. All courts dealing with suits and execution proceedings shall mandatorily follow the below mentioned directions:

42.1. In suits relating to delivery of possession, the court must examine the parties to the suit under Order 10 in relation to third-party interest and further exercise the power under Order 11 Rule 14 asking parties to disclose and produce documents, upon oath, which are in possession of the parties including declaration pertaining to third-party interest in such properties.

42.2. In appropriate cases, where the possession is not in dispute and not a question of fact for adjudication before the court, the court may appoint Commissioner to assess the accurate description and status of the property.

42.3. After examination of parties under Order 10 or production of documents under Order 11 or receipt of Commission re