C.L. Soni, J.

1. The respondent No.1 and one Mr. A.O. Denials preferred application, which was registered as Application No.6313 of 1997 before Assistant Charity Commissioner, Mumbai, under Section 41A of the Bombay (now Gujarat) Public Trusts Act, 1950 ('the Act' for short) for following prayers:-

"(a) Application be allowed;

(b) The present Opponents be directed to maintain the Church property in proper condition and be further directed to allow the applicants to enter the church premises and of or their prayers;

(c) The present Opponents be directed to provide all religious services to the Applicants according to the tradition and custom and be further directed to continue the Priest appointed by the Opponent No. 1 and allow the said Priest to provide all religious services to the beneficiaries at large;

(d) The present Opponents be directed to take all measures to prevent the property belonging to the Trust from any damage and/or waste;

(e) Cost of this Application be allowed;

(f) For such other just and proper orders in the interest of the Trust and justice."

2. The respondent No. 2, the petitioner Nos. 1, 3, 5 and respondent No. 3 herein are the original opponents in the application preferred under Section 41A of the Act. In the application preferred under Section 41A of the Act, if briefly stated, the applicants came out with a case that the opponent No. 1 - respondent No. 2 herein, which is a registered public charitable trust, came into existence as a company and registered under the Companies Act; that Indian Church Trustees, a registered public charitable trust, has no trustees; that the Indian Church Trustees, Calcutta had never vested the management in respect of the Anglican Church properties mentioned in 2nd Schedule of the Indian Church Act, 1927 ('Indian Church Act') and situate in the territorial jurisdiction of the Anglican Diocese of Bombay in the respondent No. 2 and therefore, the present Board of Indian Church Trustees has no power whatsoever to divest the respondent No. 2 of their management, possession and control in respect of the said church properties registered as trust properties under the Act; that under the Indian Church Act, General Council of Church of India, Pakistan, Burma and Ceylon (CIPBC) of Anglican communion were vetted with absolute legal rights to constitute and appoint the Managing Trustees in respect of the church properties subject to the Indian Church Act and in exercise of these legal rights, General Council of CIPBC constituted and appointed the respondent No. 2 as Managing Trustee of certain church properties situated within the territorial jurisdiction of the Anglican Bombay Diocese; that the Christianity was brought to India by missionaries from western countries and each country established its own church in India and they were known by their own denomination, e.g. churches established by Church of England. England churches were known as ANGLICANS. Anglican communion in India were following the order of worship as of church of England, and by Indian Church Act, separate church of England in India was established and known as church of India, Burma, Ceylon and after 1947, is known as church of India, Pakistan, Burma, Ceylon (CIPBC). This reconstituted CIPBC was an amalgamation of Anglican Church only. Thus, from 1927, Anglican church in India severed its relationship with church of England. In 1930, Anglican church in India adopted and constituted the cannons and rules of Church of India. Said cannons and rules provide that such properties in each Diocese (geographic area of churches) shall be held by a body called 'Diocesan Trust Association'. Thus, all the properties of Anglican churches are administered by respondent No. 2 which was registered under the provisions of the Act in 1954 and its registration number in PTR is E-923 and D-185 and the property of St. James Church, Baroda, its premises and personage (Priest's House) is under the control and at the disposal of res