( 1 ) THE petitioners have filed this petition under Art. 227 of the Constitution of India praying for quashing and setting aside the order dated 13-11-1995 passed by learned 3rd Joint Civil Judge (S. D.), Palanpur, in application Exh. 5 in Regular Civil Suit No. 108 of 1994 and order dated 19-1-2002 passed by learned Extra-Assistant Judge, Banaskantha District at palanpur in Misc. Civil Application No. 11 of 1995. The petitioners have further prayed for direction to the Charity Commissioner and Deputy Charity Commissioner to hear and dispose of the Change Application No. 134 of 1994 within a stipulated time and to grant injunction restrainig the respondents from and such act or conduct so as to interfere with the possession, management and enjoyment of their rights in respect of suit properties till final disposal of the proceedings in and arising out of Change Application No. 134 of 1994 before the Additional charity Commissioner, Mehsana and continue to maintain status-quo as hitherto maintained. The petitioners have also prayed for an order suspending the operation of the order of the Deputy Collector, dated 8-1-1993 in Application No. 3 of 1992 and the order dated 20th February, 1995 passed by the Collector in Appeal no. 28 of 1998 and also sought for a direction to the State Government and gujarat Revenue Tribunal to take into consideration the final decision in the proceedings in and arising out of the Change Application No. 134 of 1994. The petitioners have also prayed for the interim injunction restraining the respondents from doing any such act or conduct so as to interfere with the possession, management and enjoyment of their rights in respect of their suit properties till final disposal of the proceedings of Change Application No. 134 of 1994 and also praying for stay against other proceedings pending before the gujarat Revenue Tribunal in No. TEN/aa/15 of 1995 till final disposal of the proceedings of Change Application No. 134 of 1994.

( 2 ) THE brief facts, giving rise to the present petition, are that the petitioners are the legal heirs of the original owner of the properties, which inter alia, include property known as kantharia Hanuman Mandir". The respondent Nos. 1 to 11 are the Trustees of Public Charitable Trust, known as "palanpur Hindu samaj Trust" who claimed that disputed properties are also the part of the properties of the Trust and has got them so registered with the Charity commissioner.

( 3 ) IT is the case of the petitioners that late Shri Mohanbhai Kalabhai Parmar, husband of petitioner No. 1 and father of petitioner Nos. 2 to 5 and 7, had filed Regular Civil Suit No. 108 of 1994 praying inter alia that during the pendency and final disposal of the Change Application No. 134 of 1994 before the Assistant Charity Commissioner, Mehsana under Sec. 22a of the Bombay public Trust Act, 1950 (hereinafter referred to as "the Act") and Revision application No. 1 of 1988 under Sec. 70a of the Act, the defendants in the said suit be permanently restrained and/or injuncted from disturbing the possession, administration and other proprietary rights of the applicant in the suit property bearing Palanpur City Survey No. 9690 as described therein.

( 4 ) IT is averred in the petition that the original plaintiff claimed title to the suit property on the basis of documents as well as description. The original plaintiff claimed right, title and ownership of the suit properties as legal heir of one Hala Ganesh Parmar who bought the said lands, well and properties from one Fuliben, Wd/o. Khushal Dola Parmar, the original holder of half of 4. 35 acres of lands of Survey No. 68 of Palanpur. The possession and enjoyment of the said lands and property since Samvat Year 1983 has been with Mali Hala Ganesh Parmar and after his death that of the original plaintiff and after his death that of the petitioners as owners in possession of the said land and the said properties, built on portion of the said lands. It