WAJAHAT SHABIR
SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has issued a fresh set of directives to ensure the effective and expeditious disposal of execution petitions, mandating courts to treat execution proceedings as a continuation of original cases and strive to resolve them within six months.
The directions, issued in compliance with Supreme Court orders, also impose strict limits on adjournments and require monthly reporting of delays
Acting on directions of the Supreme Court dated October 16, 2025, the High Court through Circular No. 09 of 2026/ has laid down comprehensive guidelines for all courts across Jammu & Kashmir and Ladakh to streamline execution proceedings.
As per the circular Courts handling execution applications shall recognise that the enforcement of a decree or any order represents the final stage of the arduous legal process initiated by. a party through litigation. Consequently, although’ the execution application is recorded separately, it shall be regarded as a continuation of the original proceedings.
When adjudicating execution· applications, the .. Courts shall be mindful of the Hon’ble Supreme Court’s directive in judgment dated 06.03.2025, in Civil Appeal Nos. 3640-3642 of 2025 arising out of SLP (C) Nos. 8490-8492 of 2020, titled, Periyammal (Dead) through LRs & Ors. V. Rajamani & Anr. etc., to strive to resolve these matters within six months.
Courts must not hesitate to proceed with execution merely because the decree or order sought to be executed is under challenge before the superior court, except where ‘the superior court has specifically stayed the operation of such decree or order. As far as practicable, a shorter date should be fixed for the opposite party tb respond to the show-cause notice, and in subsequent proceedings adjournments shall not extend beyond 15 days on any occasion.
Courts must avoid granting excessive adjournments to parties seeking to present a defence against the execution of a decree or order. When an adjournment is deemed necessary, all relevant provisions regarding adjournment costs and the conditions for granting such adjournments shall be strictly adhered to.
Courts must promptly and appropriately consider any valid defence presented by · a party opposing the enforcement of a decree or order.
If a party suffering the decree or order deliberately evades the legal steps needed to enforce a decree or order, the courts shall impose coercive measures-such as demanding security or surety, attaching property, or authorising arrest and detention-in accordance with relevant provisions of law.
In case a party seeking execution of a decree or order fail to provide necessary assistance or undertake appropriate measures within a reasonable period deemed suitable for execution, the Court shall terminate the proceedings In accordance with legal provisions.
When the execution of a decree or order necessitates the taking of evidence, the Court shall take up such applications on a day-today basis, except where compelling reasons require otherwise.
Each Court, through its respective Principal District & Sessions Judge, shall transmit data as required by Circular No. 06 of 2025/RG dated 09.05.2025. Additionally, , Courts shall submit a monthly report detailing specific reasons for any execution applications that remain pending for more than six months.
The District Court Management Systems Committee in each district is required to rigorously oversee the progress of execution applications that have been pending for over six months in any court within its jurisdiction and to recommend strategies for the expeditious disposal of these applications.
