MRIDULA BHATKAR, J.

1. Admit. Respondents waive notice. By consent, the appeal is heard and decided finally at the admission stage.

2. Though it is a First Appeal, under Bombay Public Trusts Act, it is to be considered in the form of Second Appeal. In this Appeal, substantial questions of law is formulated as follows:-

(i) Whether the decision of the Court violates the Doctrine of Proportionality?

Though only one substantial question of law is framed, the learned Senior Counsel for the appellants argued and suggested more substantial questions of law which were not accepted but only one is framed as a substantial question of law. Before dealing with the said question of law, his submissions are taken into account.

3. Appellant No. 1 is a Trust in the name of goddess Tukai. The Trust owns immovable property i.e. a temple and land admeasuring 2 to 3 acres. The families of the appellants are appointed as Trustees and they are also Pujaris known as Gurav. Since nearly 100 years they are offering services to goddess. Though they are not from one unit of the family, they are the branches of one original family. The respondents are the members of the Gram Panchayat of Village K