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2015 Supreme(Bom) 2353

M.S.SONAK
Arwa Taha Saifuddin – Appellant
Versus
Taha Mufaddal Saifuddin – Respondent


Advocates:
Advocate Appeared:
Mr. Haresh Jagtiani, Ms Mitali Harish & Ms Apurva Marwari for the Petitioners
Mr. R.T. Lalwani i/b Mr. Jignesh Shah for the Respondents

JUDGMENT :

1] Rule. With the consent of and at the request of learned counsel for the parties, Rule is finally disposed of.

2] Considering the nature of the order, which is proposed to be made, as also the commonality of issues involved, it will be appropriate to dispose of these two petitions with a common order.

3] The Petitioners, Arwa and Fatema are sisters. Since last seventeen years, they have been married to Taha and Ibrahim, who are cousins inter se. Arwa and Taha have five children viz. (i) Sakeenah (16), (ii) Mohammad (15), (iii) Tahir (12), (iv) Mustafa (10) and (v) Murtaza (7). Similarly, Fatema and Ibrahim have four children viz., (i) Khadija (17), (ii) Murtaza (14), (iii) Nisreen (11) and (iv) Husain (7). The children, are great grandchildren of the 52nd Dai-ul-Mutlaq, Syedna Mohammed Burhanuddin, a religious leader of the Dawoodi Bohra Community (a Muslim Sect), who passed away in Mumbai on 17 January 2014. Upon his demise, a dispute has arisen with regard to the claim for the position of 53rd Dai-ul-Mutlaq. Amongst other matters, a civil suit is pending on the Original Side of this Court between the rival claimants.

4] The rival claimants for the position of 53rd Dai-ul



















































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