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2009 Supreme(Bom) 331

ANOOP V.MOHTA
Farid Abdul Latif Noorani – Appellant
Versus
Sayed Sadiq Ali Qadri – Respondent


Advocates Appeared:For the Petitioner:S.M.A. Kazmi, Senior Advocate with Ms. Snehal M. Paranjape, i/by R.R. Mishra, Advocates. For the Respondents:R1 to R3, S.K. Mulla, R4, Ms. S.S. Bhende, AGP., R11 to R13, V.A. Thorat, Sr. Advocate with R.A. Thorat, P.J. Thorat, R6 to R8 & R10, Ms. Anupama B. Shah and Ms. Vidya Shetty, R9, V.V. Tulzapurkar, Sr.Counsel i/by Madekar and Co., Advocates.

Judgment :-

P.C.

Presently, I am deciding only the issue whether the Petition pertains to the Single Judge Bench or Division Bench, with reference to the Rule 18 (3) of Chapter XVII of the Bombay High Court, Appellate Side Rules, 1960. (for short, "the Rules").

2. Thebasic averments of the Petitioner are as under:-

.3. The Petitioner is the present trustee of the "Pir Bagdadi Dargah Dadar Trust", duly registered under the Regn. No.B/438 (BOM) (for short, "the said wakf"), situated at N.C.Kelkar Road, Dadar (West), Mumbai-400 028. The Petitioner is a Sunni Muslim, regularly offers prayer and worship at the Dargah. The Petitioner is integrally concerned with the functioning and welfare of the Trust. The Petitioner is one of four trustees of the wakf, governed by the provisions of the Wakf Act, 1995 (for short "the Act"), and the Scheme framed by the Bombay High Court for administration thereof. The wakf is seized of the property, inter alia, consisting of a mosque and Dargah. The mosque was built in or about the year 1888, and reconstructed thereafter in the year 1935, pursuant to the repairs

.sanctioned by the Bombay High Court, and further repaired in the year 1997.

4. Respondent














































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