JUDGMENT - B.H. MARLAPALLE, J.:---Heard, Rule. Taken up for final hearing with the consent of the parties.

2. The respondent has filed R.C.S No. 337/1998 for perpetual injunction, restraining the petitioners - defendants from making use of the name of the plaintiff - Society and carry on any activity pertaining to the dealers dealing in Drugs Medicine in the State of Maharashtra and for perpetual injunction restraining the defendants from operating the Current Account No. 2322 of the plaintiff Society with the State Bank of Hyderabad, Main Branch at Jalna, and in any other Bank. Along with the suit, an application for temporary injunction at Exh. 5 has also been filed. The defendants filed an application at Exh. 17 under section 9-A of the Civil Procedure Code and contended that the plaintiff is a Public Trust, as defined under the Bombay Public Trusts Act, 1950 {hereinafter referred to as the said Act for short} and in view of the bar of section 80 of the Trusts Act, the suit was not tenable and hence, they prayed for framing a preliminary issue regarding the jurisdiction of the Civil Court to try and decide the suit. After hearing both the parties, the application at Exh. 17 ca

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