1. By this common Judgment both the abovementioned appeals are being disposed of together inasmuch as they arise out of same Judgment rendered by learned 1st Ad-hoc Additional District Judge, Osmanabad in proceedings under Section 72 (2) of the Bombay Public Trusts Act, 1950 (For short, the B.P.T.Act), bearing Misc.C.A. No.102 of 2005. Though the appeals were registered as First Appeals, yet they are treated as Second Appeals in view of "Shivprasad Shankarlal Pardeshi since deceased by heirs Shrikant Shivprasad and other vs. Leelabai Badrinarayan Kalwar since deceased by her heirs and others " 1998 (1) Mh.L.J.444.

2. Ashta Shikshan Sanstha, Ashta (Kasar), is a registered society and Trust. Somewhere in 1965, few founder members formed the educational trust. A scheme was settled for administration of the trust at the time of registration of the trust. The said scheme settled on 29.8.1965 was operative until framing of impugned scheme by the Assistant Charity Commissioner as per his order dated 18.1.2000. There were seven Trustees, who were appointed as first Board of Trustees/Managing Committee. They comprised of a group headed by President Narsing App