JUDGMENT

R.C. Lahoti, J.-Plaintiff/respondents No. 1 to 3 and defendant No. 1/appellant are neighbours having their properties in the city of Ludhiana. Sometime in the month of August, 1978, the appellant constructed a bhatti (backing oven) in his premises. He also moved an application to the Municipal Corporation of Ludhiana seeking grant of licence to run the bakery. The plaintiff raised a protest and then filed a suit seeking an injunction against the appellant restraining him from running/operating the bhatti, and also an injunction against the Municipal Corporation restraining it from issuing the licence sought for by the appellant. During the pendency of the suit the lincence under Section 342 of the Punjab Municipal Corporation Act, 1976 was granted by the Municipal Corporation to the appellant. By its judgment and decree dated 3-3-1981 the Trial Court dismissed the suit against the Municipal Corporation forming an opinion that in as much as the licence had already been issued the prayer for the grant of preventive injunction in that regard was rendered infructuous, also that the Municipal Corporation could not be restrained by the Civil Court from exercising a statutory powe