Ahmad, J.

1. This appeal by the judgment debtors is directed against the order dated 1-9-1955, passed by the executing Court refusing to accept the contention raised by the judgment debtors that the sale held in the proceeding on 16-8-1955, is void and as such should be annulled.

2. The facts leading to this appeal are as follows: The plaintiffs respondents obtained a decree for Rs. 16,320.00 against the appellants on the basis of a handnote. Against that decree an appeal, was filed by them on 6-4-1953, which was registered in this Court as First Appeal No. 123 of 1953. In the meantime the plaintiff decree-holder put the decree under execution in Execution Case No. 24 of 1953, & the prayer made in that execution proceeding was for the attachment and sale of a two storied building bearing Municipal Holding No. 551 in Ward No. 2 situated in Mohalla Pathar Chapati Bazar Madhopur in Madhopur Municipality within the district of Santal parganas. Thereupon on 28-7-1953, an application for stay of the execution proceeding was made in this Court on behalf of the judgment debtors. The learned. Registrar on hearing the parties made the following final order on 5-10-1953: Heard learned