Gauhati HC Issues Notification Directing Subordinate Courts In Assam To Dispose Of Pending Execution Petitions In 6 Months

The Gauhati High Court on Wednesday (March 26) issued a notification directing all the Sub ordinate Courts of State of Assam to dispose of the pending execution petitions within a period of 6 months without fail, or else the concerned Presiding Officer would be answerable to the High Court.

The said notification was issued in pursuant to the order dated March 6 passed by the Supreme Court in Periyammal (dead) through Lrs & Ors. v. Rajamani & Anr. Civil Appeal Nos. 3640-3642/2025.

The Apex Court in the said order directed all the High Courts to issue an administrative circular asking the trial courts to ensure that pending execution petitions are decided within six months. 

A bench comprising Justice JB Pardiwala and Justice Pankaj Mithal ordered:

"We direct all the High Courts across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports."

The bench noted that in Rahul S Shah vs. Jinendra Kumar Gandhi (2021), the Court had directed that the execution proceedings be completed within six months fromthe date of filing. Same direction was reiterated in Bhoj Raj Garg v. Goyal Education and Welfare Society & Ors.(2022). Despite these directions, execution petitions are facing inordinate delays, the Court observed.

The notification issued by the Gauhati High Court in this regard read as follows:

“Pursuant to the order dated 6.3.2025 passed by Hon'ble Supreme Court of India in Civil Appeal Nos. 3640-3642/2025, Hon'ble Gauhati High Court has been pleased to direct all the Sub ordinate Courts of Assam to dispose of the pending execution petitions within a period of 6 (six) months without fail, or else the concerned Presiding Officer would be answerable to the Hon'ble Gauhati High Court on its administrative side.

The order shall came into force with immediate effect.”

Click Here To Read/Download Notification