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 ap