JUDGMENT - H.W. DHABE, J.:---The Appeal from Order No. 7 of 1981 and Civil Revision Application No. 151 of 1981 arise out of the same order passed by the learned District Judge, Buldana in the cases arising our of the proceedings under the Bombay Public Trusts Act, 1950 (for short, "the Act") and, therefore, can be conveniently disposed of by this common judgment.

2. Briefly, the facts are that there is a Sailani Shaha Baba Dargah (for short "Dargah") at Pimpalgaon Sarai, Tahsil Chikhli, District Buldana registered as a public trust under the provisions of the Act. There was a complaint made to the Charity-Commissioner by Sheikh Bashir and five others who are shown as respondents 1 to 6 in Miscellaneous Judicial case No. 8 of 1978 in respect of the offerings made to the tomb of Sailani Baba. According to them the respondents in appeal from Order No. 7 of 1981 who collected the offerings made at the Dargah particularly during the period of Urus did not account for the same and in fact they misappropriated the same. The Charity Commissioner investigated the matter through his Inspector and thereafter by his order dated 2-3-1974 issued a temporary injunction under section 41-E(1) of th

Click Here to Read the rest of this document