Execution Petitions Must Be Disposed Of Within Six Months, Court Duty Bound To Record Reasons If Fail To Do So- SC Reaffirms
The Supreme Court reiterated that the Execution Court must dispose of the Execution Petitions within a period of six months.
The Bench of Justice KM Joseph and Justice Hrishikesh Roy observed, "This would mean that every effort should be made to dispose of the execution petition within the said time limit and the Execution Court should have reasons for not being able to dispose of the execution petition."
The Court also held that the Execution Court is duty-bound to record reasons in writing when it is unable to dispose of the matter.
In this case, the Petitioner had approached the Punjab and Haryana High Court challenging the order of Civil Judge (Senior Division) whereby the Executing Court had dismissed the Petitioner's application for preponement/early hearing of the case bearing Execution No.190/2019, titled "Bhoj Raj Garg Vs. Goyal Educational and Welfare Society etc.".
As the High Court had refused to exercise its jurisdiction upon the matter, the Petitioner approached the Supreme Court.
AOR Siddhant Sharma appeared for the Appellant before the Apex Court.
The Petitioner had urged before the Court that the Execution Court was not abiding by the directions issued by the Apex Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., reported in (2021) 6 SCC 418, where the Court had held that the Executing Court must dispose of the Execution Petitions withing six months, from the date of filing, which may be extended only by recording reasons in writing for such delay.
Thus, the Court reiterated –
1) It becomes the duty of the Executing Court to dispose of the execution proceedings at the earliest.
2) The Court has already directed the disposal of the execution proceedings within a period of six months from the date of filing.
3) The timeline can only be extended by recording reasons in writing for such delay.
4) Every effort should be made to dispose of the execution petition within the said time limit.
5) Execution Court should have reasons for not being able to dispose of the execution petition.
6) Execution Court is duty-bound to record reasons in writing when it is unable to dispose of the matter.
Subject to these observations, the Court disposed of the SLP.
Cause Title – Bhoj Raj Garg v. Goyal Education and Welfare Society & Ors.