JUDGMENT - A.V. SAVANT, J.:---These two first appeals raise a question of law as to the nature of the proceedings adopted under sub-section (4) of section 72 of the Bombay Public Trust Act, 1950. They are treated as first appeals in this Court and the question of law which arises is as to whether these appeals under sub-section (4) of section 72 are really in the nature of first appeals on par with the first appeals under section 96 of the Code of Civil Procedure or are they in the nature of second appeals subject to the limitations of section 100 of the Code of Civil Procedure. These two first appeals can be disposed of by a common judgment and order since they arise out of the judgment and order dated 29th October 1974 passed by the learned Asst. Judge, Thane in Misc. Civil Application No. 172 of 1972 and Misc. Civil Application No. 179 of 1972. The said two applications were filed in the District Court, Thane under sub-section (1) of section 72 of the Bombay Public Trust Act, 1950. A few facts may be stated as under.

2. The predecessor in title of the appellants in both the first appeals initiated proceedings under section 22A of the Bombay Public Trust Act for a declaration that

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