The Suit was listed before the Hon’ble High Court for ad-interim reliefs. In view of the voluminous affidavit in reply filed by the Defendant to oppose ad-interim reliefs, the Plaintiff sought time to file an affidavit in rejoinder. The Hon’ble Court has given directions for parties to file affidavits, and ordered the matter will be listed for directions on June 16, 2014.
In the course of the hearing today the Plaintiff’s counsel drew attention of the Hon’ble Court to the position of the Defendant in relation to the Plaintiff’s access to his residence in Saify Mahal, being Flat 343, Al-Azhar, and his access to Saifee Masjid, Raudat Tahera and all other Dawoodi Bohra community properties (such as mosques, Dar ul-Imarats, Community halls etc,) and that the Plaintiff has not been prevented from entering these in his capacity as a member of the Dawoodi Bohra Community, or a resident of Al-Azhar building. The Defendant has also denied that any member of the Dawoodi Bohra Community who believes in the Plaintiff has been threatened with excommunication or dire consequences.
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The matters were listed for hearing today. The Advocate appearing for Shehzada Mufaddal Saifuddin sought time to file a reply. The matters have been adjourned to 5.5.2014.
Shehzada Mufaddal Saifuddin filed appeals (LPA) against the ad-interim orders passed by the learned Single Judge on the 16th April 2014 and the Hon’ble High Court of Gujarat passed the following order:
“After the matters are heard for some time, on consent being given by the learned Senior advocates Mr. Mihir Thakore and Mr. S.N. Soparkar for the respective parties, the ad-interim relief granted by the learned Single Judge on 16th April 2014 is hereby vacated. Learned Single Judge is requested to hear all these matters peremptorily on 25th April 2014, for which the learned senior advocates appearing for the parties before this court have assured that they will extend full cooperation to the learned Single Judge. All the Letters Patent Appeals stand disposed of along with the Civil Applications.”
The matter was listed for hearing today and the Hon’ble High Court of Gujarat has passed an ad-interim order restraining Shehzada Mufaddal Saifuddin, his agents and his servants from alienating, selling, transferring or dealing with in any manner the assets and properties of about 75 public trusts and 261 wakfs till the next returnable date. Order passed in Special Civil Application No. 5478 of 2014 is reproduced herein below:
“Notice returnable on 25.04.2014. Ad-interim relief in terms of paragraph no. 28(C)(ii) is granted till then. Direct service is permitted.”
My advocates filed eight Writ Petitions before the Gujarat High Court being Special Civil Application Nos. 5478 to 5485 of 2014, that allege a large scale violation of the principles of natural justice on the part of several Assistant Charity Commissioners and the Gujarat Wakf Board who have without giving a hearing and without issuing notices to him passed orders permitting Shehzada Mufaddal Saifuddin’s name to be entered as sole trustee of numerous public trusts believed to be exceeding 75 and wakfs exceeding 250 in number.
8.4.2014 – My advocates applied before Mr. Justice Gautam S. Patel of the Hon’ble Bombay High Court for ad-interim reliefs. The Defendant’s advocate sought time to file a reply. His Lordship gave the Defendant time till April 22, 2014 to file a reply, and the matter will be listed on April 29, 2014 for hearing our application for ad-interm reliefs.
7.4.2014 – My advocates applied to the Hon’ble Bombay High Court for ad-interim reliefs. His Lordship Mr. Justice S.J.Kathawala recused himself as he had appeared on some occasions while in practise for the 52nd Dai al-Mutlaq.
With full faith in the Indian Legal system Syedna Khuzaima Qutbuddin TUS approached the Bombay High Court seeking a declaration that he is the 53rd Dai, and for an order and injunction restraining Shehzada Mufaddal Saifuddin from in any manner holding himself out as or doing any acts, deeds or things as the Dai al-Mutlaq of the Dawoodi Bohra Community, and for other reliefs. Syedna Qutbuddin TUS has followed the righteous and religious path through his life, a large part of which was devoted to serving Imam-uz-Zaman and his Dai Syedna Mohammed Burhanuddin RA as the Mazoon al-Mutlaq.
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