DAGA V.C., J.: - This appeal at the instance of Shri Cutchi Visa Oswal Derawasi Jain Pathshala ("Pathshala Trust" for short) is directed against the order dated 17th June, 2004 passed by the City Civil Court at Bombay while dismissing Notice of Motion No. 809 of 2004 moved in S.C. Suit No. 552 of 2004, whereby prayer for temporary injunction to restrain defendant No. 1/respondent No. 1 herein : Shri Cutchi Visha Oswal Derawasi Jain Mahajan ("Mahajan Trust" for short) and their trustees from interfering with the management, administration and appointment of trustees came to be rejected.

The Factual Matrix :

2.The factual matrix disclosed by the appellant reveals that the appellant/original plaintiff-Pathshala Trust is an Education Trust registered under the Bombay Public Trust Act, 1950 ("Trust Act" for short ) at No. E-539 running two schools. Respondent No. 1/ original defendant No. 1- Mahajan Trust is also a public Trust duly registered under the Trust Act engaged in religious activities.

3.The appellant-Pathshala Trust alleged that it is governed by the trust deed dated 19th July, 1905, Rules and Regulations made thereunder. That respondent No. 1-Mahajan Trust is an indep