Periyammal (Dead) through LRs & Ors. v. V. Rajamani & Anr.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

M.A. Nos. 1889-1891 of 2025
IN
Civil Appeal No. 3640-3642 of 2025

PERIYAMMAL (DEAD THROUGH LRS) & ORS. Applicants
Versus
V. RAJAMANI & ANR. Respondents

[Source: Supreme Court of India, www.sci.gov.in — order dated 15.10.2026.]

O R D E R

1. Pursuant to our order dated 19.08.2026, Mr. Gopal Sankaranarayanan, learned Amicus Curiae, has placed on record:
a. A chart analysing reasons for pendency of execution proceedings across various courts;
b. A chart tabulating the views of the High Courts on the constitution of District Execution Cells; and
c. The judgments of the Ld. Single Judge of the Delhi High Court dated 05.12.2019, 05.08.2020, and 24.06.2021.

2. We note that 17 High Courts [Allahabad, Andhra Pradesh, Bombay, Calcutta, Chhattisgarh, Delhi, Gauhati, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Meghalaya, Patna, Sikkim, Tripura and Uttarakhand] have supported the constitution of District Execution Cells, while 4 High Courts [Himachal Pradesh, Madras, Manipur, Punjab and Haryana] have expressed their opposition. In 3 other High Courts [Gujarat, Orissa and Telangana], the proposal remains under consideration. A response has not been received from the High Court of Rajasthan.

3. Of the 17 High Courts in favour, 3 [Allahabad, Jharkhand and Tripura] are at an advanced stage, with the composition and the process of nomination to choose members clarified. They are requested to fill up vacancies and commence functioning at the earliest. The High Courts of Allahabad, Jharkhand and Tripura are requested to file a report on their experience of the functioning of such cells, and their impact on pendency numbers, within 3 months.

4. The remaining 14 High Courts in favour are requested to take steps at the earliest to evolve a governing framework for the Cells, and proceed to operationalize them, including by integrating into such Cells any existing mechanism for supervision of execution proceedings. They are requested to file a progress report within 2 months.

5. The 3 High Courts which are presently considering the proposal are requested to share their views before the next date of hearing.

6. We also note that some High Courts have expressed concerns regarding funding, infrastructure and appropriate administrative assistance to the District Execution Cells. The Ministry of Law and Justice, Union of India is directed to file an affidavit in this regard, setting out measures that may be taken to facilitate the functioning of these Cells, and may also nominate a designated person as the Nodal Officer for this purpose.

7. We would also request the High Courts, as an interim measure to designate the Secretary, District Legal Services Authority as the Member Secretary of the respective District Execution Cell, who is an officer in the cadre of the Civil Judge (Senior Division).

8. The High Courts shall also ensure that the Executing Courts call for affidavits of assets to be made by a judgment debtor under Form No.16A of Appendix C of the Code of Civil Procedure, 1908 as is required under Order XXI Rule 41 (2). The District Execution Cell, wherever formed shall monitor the affidavits filed and carry out the following functions:-
i. The Cell shall prepare an execution plan modelled on Schedule XVI of the Draft Commercial Court Rules, 2021 setting out the assets of the judgment debtor and formulating a plan for attachment of assets and execution, along with proposed timelines for each step. This plan shall immediately be placed before the executing court.
ii. The executing court shall then direct attachment/execution after considering the steps proposed in the plan formulated by the Cell.
iii. The executing court shall take the assistance of the District Executive Cell to clear any bottleneck that may arise in execution proceedings with respect to attachment, action and sale of the properties or in enforcing disbursal of amounts lying with the banks/financial institutions.

9. A Google Form link https://forms.gle/HXfXwTxEM4W6m9q3A has been furnished by the Amicus Curiae seeking further details from the High Courts. This Google Form may be filled up within a period of 4 weeks by the Registry of the respective High Court. The same may also be emailed to the Advocate-on-Record for the Amicus at the email address execution.sc01@gmail.com.

10. The High Courts shall authorise the Director of the State Judicial Academies to have an interaction with the learned Amicus, online as requested by him to the said officers, so as to facilitate a more coordinated implementation of the suggestions, to expedite execution.

11. The Registry shall forward one copy each of this order to all the High Courts across the country.

12. List on 20.11.2026. The matter shall be treated as part heard.

(J. B. PARDIWALA) J.
(K. VINOD CHANDRAN) J.
NEW DELHI
OCTOBER 15, 2026.