1 month ago
22
ARTICLE AD BOX
NEW DELHI: Supreme Court has said the immense pendency of execution petitions - much than 10 lakh successful territory courts retired of which 8 lakh are implicit six months aged - is "very frightening and disappointing".
It has asked precocious courts to enactment successful spot a mechanics for their effectual and speedy disposal. In civilian matters, peculiarly spot disputes, it is not capable to get a favourable jud-gment. Most of the time, the winning enactment has to attack the tribunal again for implementation of the bid by filing an execution petition erstwhile the losing enactment fails to comply. Noting that woes for litigants commencement erstwhile they get a decree successful their favour arsenic they are incapable to reap its fruits for years, a seat of Justices J B Pardiwala and Pankaj Mithal has been passing directions to dispose of execution petitions wrong six months. After examining the information connected pendency, the seat said, "The presumption arsenic connected day appears to beryllium precise frightening and disappointing. We accidental truthful due to the fact that arsenic connected day 7,95,981 execution petitions are pending crossed the state which are six months old." The court, however, appreciated the effort made by the territory judiciary successful implementing its bid arsenic much than 4.3 lakh execution petitions had been decided successful the past six months and astir 7.7 lakh cases disposed of successful the past 1 twelvemonth aft its directions successful March 2025.
Pointing retired that it had asked HCs to germinate a mechanics and usher their territory judiciaries for speedy disposal of execution petitions, the tribunal said HCs had not yet briefed it connected steps they had taken and directed them to record their response. "We wonderment if the precocious courts person evolved immoderate mechanics oregon provided immoderate process successful the signifier of guidance to their respective territory judiciaries for effectual and speedy disposal of the execution petitions.
By the adjacent day of hearing, Oct 7, each of the HCs shall fto america know... the mechanics evolved oregon the benignant of directions issued to their respective territory judiciaries," SC said. The apex tribunal initiated the workout to streamline the proceeding of execution petitions arsenic it came crossed a litigant who had got a favourable verdict successful a spot quality from HC and SC successful 2006. Though 2 decades had passed, the execution petition was inactive pending successful a little court. SC had directed the executing tribunal to guarantee that vacant and peaceful possession of the suit spot was handed implicit to the appellants successful their capableness arsenic decree holders, with the assistance of the police, if necessary.
