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The Bombay High Court passed a order on 5 April, 2023.This was seen in the case of Taher Fakhruddin Saheb v. Mufaddal Burhanuddin Saifuddin 337 OF 2014 and the case was presided over by Hon’ble Justice GS Patel. 

FACTS OF THE CASE:

In this case the Dawoodi Bohra community saw a major upheaval in 2014 post the demise of their ‘Syedna’ (community leader) Mohammad Burhanuddin, the 52^nd leader. After his demise, his son, Mufaddal Saifuddin, took over as the 53^rd leader. This was disputed by Khuzaima Qutbuddin, half brother of the deceased Syedna. He claimed he was the ‘Dai-al-Mutlaq’ (leader of the community) based on a secret ‘nass’ (conferment of succession) conferred by the late 52^nd leader.

 

OREDER OF THE CASE:

The original suit filed by Qutbuddin stated that Saifuddin should not be allowed to continue as a leader as he had taken the position of the leader in a fraudulent manner. He had submitted that after Burhanuddin became the 52nd Dai, he had in 1965 he had publicly appointed him as the second in command. Justice GS Patel was hearing the suit since November 2022 after which he reserved the judgment on Wednesday. Dawoodi Bohra community is a religious denomination among the Shia Muslims and are trader and entrepreneurs. In India, there are about 5 lakh people and about 10 lakh people around the world belonging to the Dawoodi Bohra community.

 

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JUDGEMENT REVIEWED BY ARCHLA.

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