G.B. SHAH, J.

1. Rule. Learned advocates waives service of notice of rule on behalf of the respective respondents. With the consent of learned advocates for the respective parties, the matter is taken up for final hearing.

1.1 Heard learned senior advocates M/s Kamal B.Trivedi, Saurabh Soparkar, Bharat Naik and also learned advocate Mr.Bharat Rao for the petitioners as well as supported by newly appointed trustees of the trust who are on record, also heard learned senior advocates M/s S.N.Shelat, Mihir Thakor, Nirupam Nanavati and K.S.Nanavati for respondent No.1 as well as supported respondents on record.

1.2 The present petitions have been preferred challenging the order passed by learned Additional District Judge, Bhavnagar in Regular Civil Appeal No.24 of 2013 below Exh.5 dated 1.5.2013 whereby mandatory injunction has been granted against newly appointed trustees.

2. The brief facts of the case are as under.

2.1 Shri Khushaldas J.Mehta T.B.Hospital was originally registered under the Societies Registration Act, 1860 in the year 1952 and thereafter the said Shri Khushaldas J.Mehta T.B.Hospital Trust has been registered under the provisions of the Bombay Public Trusts Act,