JUDGMENT - KHANWILKAR A.M., J.:---This appeal takes exception to the judgment and order passed by the 2nd Additional District Judge, Solapur dated 13-6-1988 in Civil Appeal No. 76 of 1984. By this order the first Appellate Court has set aside the order passed by the trial Court in dismissing the suit preferred by the respondents as barred by jurisdiction and instead remanded the matter to the trial Court for reconsideration in view of the observations made in the impugned judgment.

2.Briefly stated, the disputed structure is situated at Gram Panchayat No. 537 of Village Mardi, District Solapur admeasuring 1234 sq.ft. The appellants had filed application before the Assistant Charity Commissioner bearing No. 174 of 1966, some time on 13th July, 1966, praying for the registration of the public trust on the premise that the suit property belongs to Shahi Masjid. This application was decided on 27th July, 1966 in favour of the appellants as there was no contest to that application. As a consequence of that order, the trust was ordered to be registered. The respondents however, filed suit on 28th November 1966 alleging that the suit property belonged to the Hindu Community Hemadpanthi of

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