01Facts
The petitioner sought a direction for expeditious disposal of Execution Case No. 39/2018, arising from a Land Acquisition Act award dated 5 April 2016.
p. 1He submitted that the execution proceeding had been pending since 2018 and that he had received no amount under the award.
p. 1The petition sought a time-bound decision by the Executing Court at Sardarpur, District Dhar.
p. 102Issues
i.Whether the Executing Court should be directed to decide the pending execution proceeding expeditiously.
p. 1, 5ii.Whether, in light of the Supreme Court’s directions concerning delays in execution proceedings, a specific deadline should be imposed in this case.
pp. 1–503Law Applied
Section 47 and Order XXI of the Code of Civil Procedure confine the executing court to questions relating to execution, discharge or satisfaction of the decree; execution is not to become a retrial or an opportunity to raise issues that could have been determined in the original proceedings.
pp. 1–3The directions in Rahul S. Shah require execution proceedings to be disposed of within six months from filing, with any extension supported by reasons recorded in writing.
pp. 3–4In Periyammal (Dead) through LRs v. V. Rajamani, 2025 INSC 329, the Supreme Court reiterated the need to address prolonged execution delays and directed High Courts to collect pendency data and issue administrative directions for disposal of pending execution petitions within six months.
pp. 1, 4–5The High Court also considered High Court Bar Association, Allahabad v. State of Uttar Pradesh, (2024) 6 SCC 267, in deciding the form of relief.
p. 5Provisions in the judgment · 4 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 47Section 21Section 151Section 60
04Reasoning
The execution proceeding had remained pending for approximately eight years, although it arose from an award made in 2016, and the petitioner had not received the awarded amount.
p. 1, 5The Court relied on the Supreme Court’s concern that prolonged execution proceedings deprive decree-holders of the fruits of their decrees, and on the six-month disposal directions discussed in Periyammal and Rahul S. Shah.
pp. 1–5Having regard also to High Court Bar Association, the Court declined to make an order expressly expediting the proceeding, but considered the circumstances sufficient to direct the Executing Court to endeavour to conclude it promptly.
p. 505Holding
The petition was disposed of with a direction to the Executing Court to endeavour to decide the execution proceeding finally as expeditiously as possible, preferably on or before 31 December 2026.
p. 5No further relief was ordered.
p. 5Original Court PDF
Shri Amar SinghvsThe State Of M P Through The Principal Secretary Home Department
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