The Punjab and Haryana High Court recently pulled up the executing court for delay in execution, emphasizing that executing courts are not post offices and must enforce decrees within six months. This directive is in line with the Supreme Court’s previous rulings, which stress the importance of timely execution of decrees.
The case involved enforcement of a 2014 decree, wherein the State of Punjab was directed to acquire private land and pay compensation within six months, failing which possession was to be returned to the landowner. Despite the decree attaining finality in 2017, execution proceedings filed in 2015 remain unresolved even in 2025.
“The Executing Court is not a post office. It must enforce the decree with firmness and promptness,” the High Court observed, slamming the subordinate judiciary for submitting multiple applications seeking extensions based on what it called “untenable and vague excuses.”
“Decree Passed in 2014, Upheld in 2017, Yet in 2025 the Landowner is Still Seeking Justice”
The suit, filed by Kanwar Naresh Singh Sodhi, was decreed on 13.08.2014 by the Civil Judge (Senior Division), Guru Har Sahai. The judgment clearly mandated:
“A mandate is issued to the defendants to make the payment of compensation to plaintiff after acquiring the suit land in accordance with the provision of the Land Acquisition Act within a period of six months from today, failing which, the plaintiff will be entitled to recover the possession of the suit land from defendants.”
Executing Court’s Duty: The executing court is duty-bound to dispose of execution proceedings within six months from the date of filing, with extensions only permissible by recording reasons in writing for such delay.
Supreme Court’s Directives: The Supreme Court has laid down comprehensive guidelines to streamline execution proceedings, including:
Timely Disposal: Execution petitions must be disposed of within six months.
Recording Reasons: Courts must record reasons for delays.
Active Role: Courts should play an active role in deciding all related issues during suit adjudication.
Police Assistance: Courts can direct police assistance for decree execution.
Consequences of Delay: Delays in execution can lead to injustice and undermine the legal system’s efficacy.
High Court’s Role: High Courts are responsible for ensuring compliance with these directives and can issue administrative orders or circulars to their district judiciary.
The Supreme Court has reiterated the importance of adhering to these timelines and has directed High Courts to collect data on pending execution petitions and ensure their disposal within six months.
