ORDER

1. Heard on the question of admission.

2. This petition has been preferred by the petitioners/judgment debtors against the order dated 09.01.2023 passed by the Court below whereby an application under Order 39 Rule 2-A of the CPC filed by the respondent/decree holder has been directed to be converted into an application under Order 21 Rule 32 of the CPC.

3. The record indicates that a judgment and decree was passed by First Civil Judge, Class-II, Alot, District Ratlam in Civil Suit No.27-A/2010 against present petitioners and others for permanent injunction. Alleging breach of the decree an application under Order 39 Rule 2-A of the CPC was filed by the respondent before the Court below. On such application notices were issued to the petitioners who appeared therein and raised objection as regards maintainability of the application under Order 39 Rule 2-A of the CPC on the ground that the said provision is applicable only in a pending civil suit and is not applicable in a case where the suit has been finally decided and has culminated in a decree.

4. The objection has been accepted by the Court below which has held that an application under Order 39 Rule 2-A of th