1. In this case the petitioners have obtained a money decree against the opposite parties NOS. 2 to 4 in Money Suit No. 38 of 1950 and in execution of that decree the petitioners purchased the disputed holding, namely, holding No. 9/10 of Mahalla Gudri Bazar (Patna City) on the 16th of April, 1953. The case of the petitioners is that they took delivery of possession on the 4th of December, 1957. It is alleged that opposite party no. 1 has also obtained a money decree against Opposite parties Nos. 2 to 4, and in execution of that decree opposite party No. 1 obtained an order of attachment of the holding, and on the 11th of November, 1957, opposite party No. 1 purchased the holding in the execution proceeding. The sale in favour of opposite party No. 1 was confirmed by the executing Court on the 11th of December, 1957. On the 26th of November, 1957, the petitioners made an application to the executing Court praying that the property should be released from attachment under the provisions of Order 21, Rule 58, Civil procedure Code. The Munsif dismissed the application on the ground that it was not maintainable as the sale had already taken place. The order of the Munsif is dat