JUDGMENT - A.M. KHANWILKAR, J.:---This appeal takes exception to the order passed by the II Additional District Judge, Solapur dated June 13, 1997 in Civil Appeal No. 327 of 1996.

2. Briefly stated, the respondent Nos. 1 to 11 filed a suit before the Court of the Civil Judge, Senior Division, Solapur bearing Regular Civil Suit No. 1005 of 1991 for declaration and injunction. The respondent prayed that the order passed by the Charity Commissioner dated February 22, 1991 declaring the trust as a Public Trust is illegal and the same be set aside. The second relief claimed is that the Will on the basis of which the said Trust has been held to be Public Trust is itself void ab initio having been obtained by fraud. Further declaration is sought that the subject property be declared to be the private trust property. Besides the declarations prayed for, injunction is also prayed restraining the defendants from dealing with the suit property in any manner.

3. In the said suit the defendants filed their written statement. Defendant No. 5, the Charity Commissioner, filed application Exh. 73 requesting the Court to frame preliminary issue which reads as under :

"Whether, the plaintiffs prove tha

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