SHAUKAT HUSSAIN ALIAS ALI AKRAM & ORS. vs SMT. BHUNESHWARI DEVI (Dead)) by L. RS. & ORS.

The Supreme Court held that the sale of property during the existence of a stay order was illegal, as the executing court acted without jurisdiction. The Court emphasized that the appellants' application was under Section 47 of the Code of Civil Procedure, not under Order XXI Rule 90, which pertains to material irregularity in sales. The High Court's ruling that the Munsif was incompetent to stay execution was upheld, leading to the dismissal of the appeal by the judgment-debtors.