Mumbai: The Bombay high court has allowed Taher Fakhruddin to continue contesting the original suit filed by his father, claiming to be successor of the 52nd Dai of the Dawoodi Bohra community.
The original plaintiff Khuzaima Qutbuddin had filed a suit claiming to be the 53rd Dai of the community following demise of the 52nd Dai ul Mutlaq Sayedna Burhanuddin in 2016.
Fakhruddin said that he had replaced his father as his successor and the 54th Dai of the community. However, defendant Mufaddal Saifuddin raised objection saying that continuation of the suit should not be allowed as Fakhruddin was claiming to be successor even before succession of his father had been established.
The single bench of Justice G.S. Patel was hearing the chamber summons to classify interest of the plaintiffs - Qutbuddin and his son Fakhruddin, and respondent – Saifuddin in the battle for succession to head and leader of the Dawoodi Bohra community after demise of the 52nd Dai.
After hearing both sides, Justice Patel said, “Fakhruddin is allowed to continue his father’s suit as his interest is joined with his father’s interest till the time a decree on succession is not established.”
Justice Patel added, “The objection of the defendant is accepted as it would jeopardise his position and hence, the applicant (Fakhruddin) is allowed to make only some
amendments till March 27.”
