ORAL JUDGMENT :- This second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Latur in Civil Appeal No. 172 of 1981, dated 20-2-1986. The appellant deceased Keshav in this second appeal was the original plaintiff, who had filed Regular Civil Suit No. 476 of 1978 in the court of learned Civil Judge S.D. Latur for declaration and injunction, against the Charity Commissioner, Maharashtra State, Mumbai, State of Maharashtra and others. Said suit was decreed by the learned Civil Judge S.D. by his judgment and decree passed on 21-9-1981. The parties hereinafter, are referred to their status as the plaintiff and defendants.

2. Second Appeal was admitted by this Court by the order passed on 19-31986. However, no substantial question of law was formulated. Therefore, I heard learned counsel for the parties on the grounds involving substantial questions of law on 10-11-2006. Following are the grounds involving substantial questions of law, framed by this Court on 10-11-2006.

Ground No.6: Whether the loam was the only question had to be decided by the Civil Court in order to consider the question of the applicability of the Act and the said q

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