State of Affairs in Lower Courts

The Supreme Court expressed its disappointment with the functioning of India's lower courts, highlighting the plight of litigants who must wait excessively long to receive the benefits of their court victories. Despite court decrees, over 8.82 lakh execution petitions remain pending across district courts, rendering justice ineffective.

Execution Petitions

• Definition: An execution petition implements a court's decree, often involving the payment of money or vacating a property. 
• Backlog: Due to the backlog, litigants face a second round of litigation to enforce the court's decision, undermining trust in the judiciary. 

Data from National Judicial Data Grid (NJDG)

• Average Duration:
  • A civil suit takes approximately 4.91 years for disposal.
  • An execution petition takes an additional 3.97 years.
• Pendency: 47.2% of pending execution petitions were filed before 2020. 
• Reasons for Delay:
  • Unavailability of legal counsel (38.9% of cases).
  • Stay orders by courts (17%).
  • Awaiting documents (12%).

Procedural Hurdles

• Code Requirements: The Civil Procedure Code necessitates notices to the losing party at the execution stage, causing further delays. 
• Data Deficiency: Lack of specific data hampers targeted reforms, as it's unclear which types of execution are most problematic. 

Regional Disparities

• States like Maharashtra and Tamil Nadu exhibit high pendency, influenced by local judicial infrastructure and commercial dispute volumes.

Supreme Court's Intervention

• Past attempts, including a 2021 judgment, directed trial courts to adhere to a six-month deadline for execution proceedings.
• The issue was revisited in a March 2025 judgment, leading to a nationwide monitoring directive.

Current Status and Future Actions

By October 16, 2025, 3,38,685 execution petitions were processed post the court’s directive, yet 8,82,578 petitions remain pending. The Bombay High Court showed the highest backlog, followed by the Madras and Kerala High Courts.

Next Steps

• The Supreme Court has granted an additional six months for High Courts to expedite disposals.
• Karnataka High Court has been asked to explain its non-compliance, with further monitoring scheduled for April 10, 2026.