JUDGMENT - Lodha R.M., J.:---This first appeal is directed against the judgment and order passed by the Assistant Judge of Nasik at Nasik in Civil Misc. Application No. 50 of 1974 made under section 72 of Bombay Public Trusts Act whereby the Court below dismissed the said application and maintained the order passed by Joint Charity Commissioner, Bombay in Appeal No. 2 of 1972 under section 70 of Bombay Public Trusts Act.

2. The facts necessary and relevant for disposal of first appeal are :

On 27-5-1952, Ambadas Baburao Parashare made an application before the Assistant Charity Commissioner, Pune Region, Pune stating therein that the temple viz. Shri Ganga Godavari Mandir, Panchavati, Nasik is not a public trust and that the said Mandir is a private temple. Inter alia, in the application he stated that the temple Shri Ganga Godavari Mandir was constructed by him on a small private land in order to serve God; the said temple is part of the immovable property bearing City Survey No. 5678 and Municipal No. 4458; and that this temple was not a public trust and therefore, there are no documents of the trust. The Assistant Charity Commissioner held on enquiry and vide his order dated 11-

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