JUDGMENT - PATEL J.N., J.:---Heard learned Counsel for the parties.

2. The appellants out of whom the appellant No. 1 is the original non-applicant before the Assistant Charity Commissioner, Amravati is impugning the decision dated 3rd April, 1996 in Misc. Civil Appeal No. 76 of 1993, by the Joint District Judge, Amravati upon an application filed under section 72 of the Bombay Public Trust Act, 1950 (hereinafter referred to as "Trust Act") which application came to be rejected under the said order. The appellants had preferred an application under section 72 of the Trust Act, before the District Judge, being aggrieved by the judgment and order of the Assistant Charity Commissioner dated 3rd June, 1993 passed by the Assistant Charity Commissioner, Amravati on the application made by the respondents under section 50-A of the Trust Act for framing scheme.

3. The subject-matter of the dispute relates to Shri Shukleshwar Deoshtan of Wathoda Shukleshwar. The indisputable facts are that the ancestors of the appellants namely-Bapuji Raghunath Inamdar (Gurav) was granted Inam of the Trust property on 23rd May, 1867, under which agricultural land bearing Survey No. 202, admeasuring 21 acres

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