The Hon’ble Bombay High Court has fixed the dates of 27th and 28th April for cross examination of the Plaintiff’s witnesses, and Syedna Qutbuddin TUS will appear in court on those days for his testimony and cross examination.
Further details of the hearing and the Court Order will be published on Fatemidawatlegal.com once the Honorable Court’s order is released on Monday, March 23rd.
The Hon’ble Justice G. S. Patel has listed the suit for marking documents and cross-examination (trial stage) of the Plaintiff’s witnesses for three consecutive days from the 18th till the 20th of March from 12 noon onwards.
The Hon’ble Court has directed that the revised affidavits of documents and Statements of Admission and Denial of documents are to be completed and exchanged by 9th February, 2015 and the plaintiffs evidence affidavits will be filed by 4th of March, 2015.
Since most of the documents submitted by the Parties are in Arabic or Lisan ud Dawat (language of the Dawoodi Bohra community), and there are concerns about the translations done by each side for the documents relied upon by the other side, the Parties have requested the Hon’ble Court for some time to try and resolve the differences in translation into English language.
The Hon’ble High Court has kept the matter on the 20th of January 2015 to complete the admission and denial of documents, including the translations.
The Hon’ble Justice R. D. Dhanuka has directed that the Affidavit of Documents alongwith the compilation to be submitted within a week by both parties simultaneously and the Statement of Admission and Denial of documents has to be filed within 10 days of service of Affidavit of Documents along with compilation and shall be exchanged simultaneously. The Hon’ble Court has placed the matter on the 11th of December, 2014 for deciding the admissibility of the documents.
Click here to view PDF of the Honorable Court Order.
The suit was listed before His Lordship Mr. Justice Gautam Patel in the Hon’ble Bombay High Court on September 15, 2014. After hearing the advocates appearing for Shehzada Mufaddal Saifuddin and my advocates, the Hon’ble Court passed the following orders.
Parties are to file their respective affidavits of the documents they are relying on by 14th October, 2014. The process of admission, denial and inspection of the documents shall be completed by 10thNovember 2014.
The Hon’ble Court then framed the Issues (points in dispute required to be decided by the Court), which are in brief on –
(i) maintainability of the suit and jurisdiction of the Bombay High Court to hear the suit,
(ii) what are the requirements of a valid Nass and whether the Plaintiff proves that a valid Nass was conferred/pronounced on him,
(iii) whether Nass once conferred cannot be retracted or revoked or changed or superseded and if not, whether Shehzada Mufaddal Saifuddin (the Defendant) proves that a valid Nass was conferred on him by the 52nd Dai:
(a) On 28th January 1969
(b) In the year 2005
(c) On 4th June 2011
(d) On 20th June 2011
and these amounted to or was a retraction or revocation or change or supersession of any Nass previously conferred by the 52nd Dai.
The suit will now be on 14th October 2014 for directions as to the next date and further schedule.
Click here to view PDF of Hon’ble Court Order
The Defendant Shehzada Mufaddal Saifuddin’s advocate asked for more time to file their written statement. The Hon’ble Court has directed the Defendant to file his written statement by September 10, 2014. The matter will be listed on September 15, 2014 for “Framing of Issues”.
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The Hon’ble Court was pleased to allow the amendments to the plaint as per the draft amendments submitted to the Court by the Plaintiff . The amendments have to be carried out by July 21, 2014 and the Defendant has been directed to file his written statement by September 4, 2014. The matter will be listed on September 9, 2014 for “Framing of Issues”.
The Suit was listed before the Hon’ble High Court for directions. Plaintiff’s counsel agreed with the Hon’ble Court’s proposal for an expedited trial and agreed to serve the Advocates for the Defendants the draft amendments to the Plaint by 7th July 2014. The Hon’ble Court directed that the suit be listed for further directions, including for filing of the written statement and completion of pre-trial formalities, on 14th July, 2014.
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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.
Click here to download PDF of Hon’ble Court Order.
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.