Heard Ms. Sushmita Mishra, learned counsel for the petitioners.

2. The petitioners are aggrieved by an order dated 30.10.2007 passed by learned District Judge, Munger, in Miscellaneous Appeal No. 01/2007 whereby he has affirmed an order dated 05.12.2006 passed by learned Munsif-I, Munger, in Title Suit No. 28/2006. By the order dated 15.12.2006 passed in Title Suit No. 28/2006, learned Munsif-I, Munger had granted injunction in favour of the Respondents 1st party, who are the plaintiffs before the trial Court; directing the petitioners / defendants not to disturb the business of brick-kiln over the suit property as described in Schedule to the plaint.

3. Before I come to the merits of the case and submissions made on behalf of the petitioners, it would be apt to take note of certain dates. After the Title Suit being Title Suit No. 28 of 2006 was filed in the year 2006, the plaintiffs / respondents filed an application under Order XXXIX Rule I of the Code of Civil Procedure which was allowed by an order dated 15.12.2006. Against the said order a Miscellaneous Appeal was preferred by the petitioners vide Miscellaneous Appeal No. 01/2007. The Appeal was however, dismissed on 30.