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Bismillah ar-Rahman ar-Rahim

This is the official website of His Holiness Syedna Taher Fakhruddin Saheb’s TUS Legal Office with updates regarding the Suit filed in the Honourable Bombay High Court by His Holiness Syedna Khuzaima Qutbuddin Saheb RA against Shehzada Mufaddal Saifuddin after the sad passing of His Holiness Syedna Mohammed Burhanuddin Saheb RA in 2014.

On 30th March 2016, Syedna Qutbuddin Saheb sadly passed away and in June 2016, his successor Syedna Taher Fakhruddin Saheb filed a Chamber Summons to be substituted as Plaintiff in the Suit. In March 2017, the Hon’ble Justice Gautam Patel passed an order substituting Syedna Fakhruddin Saheb as Plaintiff.

In February 2020, His Holiness Syedna Taher Fakhruddin Saheb TUS, the Plaintiff, closed his case.

Shehzada Mufaddal Saifuddin, the Defendant, chose not to be a witness in the suit and therefore will not be cross-examined. In a trial the Defendant should be the first witness unless they take the leave of Court. The Hon’ble Bombay High Court had observed that as the Defendant had chosen not to be the first witness and not applied for such leave he will now not be permitted to be a witness in the trial.

The cross-examination of the Defendant’s first witness, Dr. Omar Malik, a consultant neurologist, began on 2nd February 2021, with Mr. Anand Desai of DSK Legal, on behalf of the Plaintiff, conducting the cross-examination. The cross-examination spanned three half-day sessions, with 118 questions asked, and ended on 4th February 2021. The cross-examination of the Defendant’s second witness, Dr. John Costello, a consultant respiratory medicine physician, began on 30th March 2021, and concluded on 31st March 2021 after two sessions, with 42 questions being asked.

On 30th July 2021, the matter was heard for directions, and the Hon’ble Justice Gautam Patel had assigned 10 days, from 13th to 17th September, and from 8th to 12th November 2021, for further cross-examination of the Defendant’s next witnesses.

Mr. Iqbal Chagla, counsel for the Defendant, had previously indicated that the Defendant’s third witness will be Abdulqadir Moiz Nooruddin, the Defendant’s son-in-law.

There was a change in dates, and on 13th September 2021 the Hon’ble Justice Gautam Patel has listed the matter on 11th, 12th, and 13th October 2021 for further cross-examination of the Defendant’s next witnesses.

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Before filing this suit, a press conference was held in March 2014 outlining Syedna Khuzaima Qutbuddin Saheb’s philosophy and vision for the community. A press release with details is available:

‘Syedna Khuzaima Qutbuddin is 53rd Dai ul-Mutlaq and leader of the Dawoodi Bohra community’