JUDGMENT

Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

2. By this petition, the petitioner has challenged order passed by the Principal District Judge, Wardha, in a Trust Appeal, whereby an order dated 30.12.2006, passed by the Assistant Charity Commissioner, on a scheme application, was confirmed.

3. The facts in brief leading upto filing of the present petition are that a Trust called 'Shri Mahadeo Deosthan, Babapur', came to be registered on 21.06.1955, under the provisions of Madhya Pradesh Public Trusts Act, 1951, which was essentially concerned with a temple. The movable and immovable properties of the Trust were specified and the order passed by Registrar Public Trusts recorded that the mode of succession of office of Trustees of the Trust was by law of inheritance.

4. The original person concerned with the aforesaid Trust was one 'Mahadeo Krushnaji Kombe'. On 19.08.1959, the Registrar Public Trusts passed an order, considering the mode of succession as inheritance and held that Gulabrao Dajiba Kombe was the successor as Trustee of the said Trust in place of 'Mahadeo Krushnaji Kombe', who had expired.