Srinagar- The High Court of J&K and Ladakh has issued fresh directives to ensure effective and expeditious disposal of execution petitions.
In this regard, The Registrar General of the court issued a Circular in compliance with the Supreme Court’s order in Periyammal (Dead) through LRs & Ors. vs V. Rajamani & Anr.
The circular mandates all courts across the Union Territories to treat execution proceedings as a continuation of the original litigation, recognising them as the final stage of the judicial process.
It emphasizes that courts must strive to dispose of execution petitions within six months, in line with the Supreme Court’s judgment dated March 6, 2025. It further clarified that execution should not be stalled merely due to pendency of appeals, unless a specific stay has been granted by a superior court.
To curb delays, courts have been directed to fix shorter timelines for responses to show-cause notices and ensure that adjournments do not exceed 15 days at any stage. Excessive adjournments are to be avoided, and where granted, must strictly comply with legal provisions, including imposition of costs.
The High Court has also called for prompt consideration of objections raised by judgment debtors, while empowering courts to adopt coercive measures, such as attachment of property, seeking security, or arrest and detention, in cases of deliberate evasion of decrees.
In instances where decree-holders fail to assist in execution within a reasonable time, the courts have been authorised to terminate proceedings in accordance with law.
The circular further mandates day-to-day hearings in cases requiring evidence during execution proceedings, barring exceptional circumstances.
To strengthen monitoring, courts have been directed to submit monthly reports through their respective Principal District & Sessions Judges, explaining delays in execution matters pending beyond six months. District Court Management Systems Committees have also been tasked with closely tracking such cases and recommending measures for their swift disposal.
The directions are in addition to earlier instructions issued on May 9 last year.
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