Bombay High Court allows Taher Fakhruddin to be substituted in Dawoodi Bohra community suit in place of his father
MUMBAI: With the hope of avoiding multiplicity of proceedings the Bombay High Court allowed Taher Fakhruddin to be substituted in place of his father Khuzema Qutbuddin in an ongoing suit. The dispute is about who would take over as the spiritual and temporal head of the Dawoodi Bohra Community.
The dispute arose after Syedna Mohammed Burhanuddin (RA), the 52nd Dai al-Mutlaq (the spiritual and temporal head of the Dawoodi Bohra Community) passed away on the 17th of January 2014. Soon after that, rival claims of succession were made by his second son Mufaddal Saifuddin and the deceased’s brother, Khuzema Qutbuddin.
Khuzema Qutbuddin then filed a suit in the Bombay High Court, seeking a declaration that he was the 53rd Dai, and for possession of all the community property, including being the sole trustee of the community trusts, and the properties that were attached to the office of the Dai, and for orders restraining Mufaddal Saifuddin from claiming to be the 53rd Dai and direction that he hand over the properties.
However, soon after in March 2016 Khuzema Qutbuddin. His eldest son Taher Fakhruddin said that before his death his father conferred and appointed him for the position.
Taher Fakhruddin applied to the Bombay High Court to be substituted in place of the late Khuzema Qutbuddin, to continue the suit against Mufaddal Saifuddin.
On March 7, 2017, the application was argued at length by Anand Desai, Managing Partner, DSK Legal, and by Ravi Kadam, senior advocate on behalf of Taher Fakhruddin. And Janak Dwarkadas, senior advocate opposed the application on behalf of Mufaddal Saifuddin, contending that the applicant must file a separate suit. The Bombay High Court however allowed Taher Fakhruddin to be substituted in place of his father Khuzema Qutbuddin.
“This order of the High Court, and the expeditious continuance of the suit, will go a long way towards restoring the faith of the Dawoodi Bohra community,” said Desai.
The dispute arose after Syedna Mohammed Burhanuddin (RA), the 52nd Dai al-Mutlaq (the spiritual and temporal head of the Dawoodi Bohra Community) passed away on the 17th of January 2014. Soon after that, rival claims of succession were made by his second son Mufaddal Saifuddin and the deceased’s brother, Khuzema Qutbuddin.
Khuzema Qutbuddin then filed a suit in the Bombay High Court, seeking a declaration that he was the 53rd Dai, and for possession of all the community property, including being the sole trustee of the community trusts, and the properties that were attached to the office of the Dai, and for orders restraining Mufaddal Saifuddin from claiming to be the 53rd Dai and direction that he hand over the properties.
However, soon after in March 2016 Khuzema Qutbuddin. His eldest son Taher Fakhruddin said that before his death his father conferred and appointed him for the position.
Taher Fakhruddin applied to the Bombay High Court to be substituted in place of the late Khuzema Qutbuddin, to continue the suit against Mufaddal Saifuddin.
On March 7, 2017, the application was argued at length by Anand Desai, Managing Partner, DSK Legal, and by Ravi Kadam, senior advocate on behalf of Taher Fakhruddin. And Janak Dwarkadas, senior advocate opposed the application on behalf of Mufaddal Saifuddin, contending that the applicant must file a separate suit. The Bombay High Court however allowed Taher Fakhruddin to be substituted in place of his father Khuzema Qutbuddin.
“This order of the High Court, and the expeditious continuance of the suit, will go a long way towards restoring the faith of the Dawoodi Bohra community,” said Desai.
