( 1 ) BY way of present second appeal, the appellants challenge the judgment and order passed by the learned District Judge, Wardha, in Trust Application Nos. 5 of 2002, 3 of 2003 and Regular Civil Appeal No. 133 of 2003, dated 28th July, 2004, thereby allowing the aforesaid applications and the appeal filed challenging the judgment and order passed by the learned assistant Charity Commissioner, Wardha, in Scheme Application Nos. 335/99 and 64/2000, dated 31st August, 2002.

( 2 ) THE present litigation has a checkered history. The facts necessary for adjudication of the present second appeal are as under : that, the Trust in question originally had sixteen members in the General body. The election to the Managing Committee of the Trust was held in the year 1977. Consequent to the election, the Change Reports were filed before the assistant Charity Commissioner. The said Change Reports came to be accepted in 1980. The then President, considering that the tenure of the Managing committee of three years, would commence from the acceptance of the Change report, held the subsequent elections in the year 1983. It appears that the split in two groups of the trust erupted from that