JUDGMENT - 1. This is an appeal against an order passed by the First Additional District Judge, Yeot-mal, dated the 26th June 1958, removing the appellant Bhagwan from the trusteeship and sarpanchship of a public religious endowment known as Shri Dutt Deosthan, Kalamb, tahsil and district Yeotmal. The facts preceding the application dated 19-10-1957 upon which the order under appeal came to be passed arc not in dispute. On 3-6-1928 one Kasabai widow of Krishnaji Gore executed a deed of trust. By that deed she dedicated a field, survey No. 39/1, area 10 acres 32 gunthas, of Kasha Kalamb, to the temple of Shri Dutt Dcosthan. By the same deed she appointed five persons including the appellant Bhagwan as trustees. Of the other persons appointed as trustees, one D. B. Sarda is no longer alive. The principal trustee and the Sar-panch was the appellant Bhagwan. One of the trustees, the respondent No. 2 Dattatraya, resigned on 31-1-1932.

2. In 1949 this Dattatraya and one Namdeo Narayan Gore tiled civil suit No. 4-A of 1949 praying inter alia for the removal of the appellant Bhagwan from the trusteeship and Sarpanchship of the Deoslhan and for various other directions. The Other surviving

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