JUDGMENT :

1. The Petitioner, through the medium of this petition, has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, being aggrieved of the order dated 27.08.2021 (for short the ‘Impugned Order’) passed by the Court of Sub-Judge/Chief Judicial Magistrate, Srinagar (for short ‘Executing Court’) while deciding an application under Section 47 of the J&K Civil Procedure Code (for short the ‘Code’) filed by Respondents-Judgement Debtors in an execution petition titled Dr. Abid Hussain v. State of J&K & Ors. filed by Petitioner-Decree Holder seeking execution of judgment and decree dated 16.10.2008.

2. In terms of the Impugned Order, the Executing Court has declared the decree dated 16.10.2008, passed in a suit titled Dr. Abid Hussain v. State of J&K & Ors. filed by the Petitioner-Decree Holder against the Respondents-Judgement Debtors, as bad in law and void ab initio and consequently the execution petition filed for its execution has been dismissed.

3. Factual Background :

Petitioner, appointed as Assistant Surgeon in the Respondent-Department in the year 1986, while performing his duties at Chrar-i-Sharief, Budgam, had a fall which resu