The other massive pendency in Indian courts: Why it can take years to obtain ‘execution petitions’

This situation, the order noted, rendered justice futile. “After the decree is passed, if it is going to take years and years to execute the decree, then it makes no sense and would be nothing short of a travesty of justice,” it said.

The court’s concern highlights a deep-rooted malaise in India’s judicial system, in which a victory in a lawsuit can often feel pyrrhic without timely enforcement.

What is an execution petition?

At the conclusion of a civil lawsuit, the court delivers an order — formally a “decree” — that declares the rights and liabilities of the parties involved. But winning a lawsuit and getting a favourable decree from a court is only the first step.

An execution petition is the legal tool used to implement a decree. It is the final and most crucial stage of a lawsuit, in which the winner formally requests the court to enforce its decision against the losing party, be it, for instance, the payment of a sum of money or the vacation of a property.

It is, as courts often say, the process of “reaping the fruits of the decree”. But the massive backlog means that lakhs of people who have already spent years and resources successfully fighting their cases are stuck in a second, sometimes longer, battle — to get what a court has held they are legally owed.

“It’s a second round of litigation for the same purpose that you already won,” said Anshul Gupta, a Delhi-based Advocate on Record. “For a litigant, the trust in the judiciary breaks.”

Why are execution petitions languishing?

Data from the National Judicial Data Grid (NJDG) shows that while an average civil suit takes about 4.91 years for disposal, an execution petition takes an additional 3.97 years to conclude. Around 47.2% of all pending execution petitions across civil courts were filed before 2020.

The database also lists reasons for the delay in the disposal of execution petitions. Chief among these are legal counsel not being available (which accounted for delay in 38.9% of all pending execution petitions), a stay on the proceedings by a court (17%) and awaiting documents (12%).

These factors stem from a mix of procedural hurdles, systemic inefficiencies and a lack of specific data to devise targeted solutions, according to experts The Indian Express spoke with.

Procedurally, the law itself provides multiple stages where delays can creep in. The Civil Procedure Code requires the court to issue notice to the losing party even at the execution stage, giving them a chance to raise objections. “This process can take two to three years, even if everything goes well,” explained Gupta. “The court gives multiple chances to the other party to appear. Then they file objections, arguments are heard, and only then does the court proceed. Each step means another hearing, often months apart.”

While general causes are known, experts say the lack of specific data is another problem. “We know a large number of execution cases are pending, but we don’t know what kind of executions are getting stuck,” said Shruthi Naik, a senior resident fellow at the Vidhi Centre for Legal Policy. “Is it the complex process of selling immovable property or something simpler?” Without granular data, it is difficult to diagnose the problem and target reforms, she said.

Experts also point to significant regional disparities, with states like Maharashtra and Tamil Nadu showing disproportionately high pendency, suggesting that local factors, from judicial infrastructure to the volume of commercial disputes, also play a crucial role.

How has the Supreme Court acted on the issue?

This is not the first time the apex court has intervened to address delays in execution. In a 2021 judgment, a three-judge bench led by then Chief Justice of India SA Bobde had laid down a comprehensive set of 14 mandatory directions for all trial courts, including a six-month deadline for disposing of execution proceedings.

With the problem persisting, the court’s focus was renewed by its judgment in a decades-old property dispute in March 2025. The bench of Justices Pardiwala and Mithal used this case to order a nationwide monitoring exercise of the pendency of execution matters.

In the opening lines of the judgment, the bench noted the plight of a litigant, quoting a 1998 judgment: “When he is ready to take the bite of that fruit [of justice], he has to pass through the same terrain of the procedural law in the execution proceedings, the morose is writ large on his face.”

To remedy this, the court in its March judgment issued a sweeping, pan-India directive. It ordered all High Courts to collect data from their respective district courts on pending execution petitions, and directed them to ensure their disposal within six months.

What did the data reveal?

The order from October 16 was a follow-up to this March directive. It noted that while 3,38,685 execution petitions were disposed of in the six months following the court’s order, the total pendency stood at an enormous 8,82,578 petitions. The order includes a consolidated list of execution petitions pending for over six months in the district courts under each High Court.

The High Court of Bombay, which covers the states of Maharashtra and Goa, along with the union territory of Dadra and Nagar Haveli and Daman and Diu, had the highest pendency with over 3.4 lakh petitions. It was followed by the Madras High Court, whose jurisdiction includes Tamil Nadu and Puducherry, with over 86,000 petitions. The Kerala High Court, also covering Lakshadweep, followed with nearly 83,000 petitions.

What happens now?

The Supreme Court has now granted an additional six months to all High Courts to follow up with their district courts and expedite the disposals.

The bench also took a stern view of the non-compliance by the Karnataka High Court with its order. It directed the Registrar General of the High Court to explain the failure to submit the data within two weeks. The Supreme Court will hear the matter again on April 10, 2026, to monitor progress. EOM