Heard. Admit. Taken up for final disposal with the consent of the learned counsel for the rival parties.

FACTS:

2. Waghur Shikshan Prasarak Mandal, Sakegaon, Dist. Jalgaon is a public trust having registration No. F-718 under the provisions of the Bombay Public Trust Act (hereafter referred as to the "Trust Act" for the sake of brevity) which runs a few schools and a college. In all there were nine trustees in the managing committee of the said trust, out of which Narayansing Gulabsing Patil (hereinafter referred as to "Narayansing Patil" for the sake of brevity) was the President who died on 15.08.2000, while Mohammad Musa Patel was the Vice President (hereafter referred as to "Musa Patel" for the sake of brevity). There was no dispute amongst the trustees till August 1999, which is clear from the fact that last undisputed change report amongst the trustees bearing No. 240/1997 in which managing committee was elected for five years i. e. up to 2002, was accepted without any contest. However, in the year 1999 dispute arose. According to Narayansing Patil, his rivals, Musa Patel, Anil Patil and others forcibly took away the record of the trust with them, about which report w