KHUZEMABHAI SYEDNA TAHER SAIFUDDIN SAHEB ALIAS KHUZEMABHAI STS QUTBUDDIN ALIAS KHUZAIMA QUTBUDDIN Vs. MUFADDAL BURHANUDDIN SAIFUDDIN

JUDGEMENT

(1.) The original Plaintiff ("Khuzemabhai") brought suit for a declaration that he was properly appointed as the 53rd Dai Al- Mutlaq (spiritual leader and head) of the Dawoodi Bohra Community by the 52nd Dai Al-Mutlaq, Syedna Mohammad Burhanuddin, whom he (the original Plaintiff ) was entitled to succeed. The remaining prayers are for orders regarding various estates and properties that vest in the Dai Al-Mutlaq by virtue of that appointment.

(2.) The Defendant, for his part, claims to have been validly appointed by the 52nd Dai, Syedna Mohammad Burhanuddin, as his successor. He assumed office after the 52nd Dai died on 17th Jan. 2014. Khuzemabhai challenged the Defendant's claim to that office in this suit.

(3.) From the beginning, the Defendant resisted the suit most strenuously. When the original Plaintiff's Motion came before me, I indicated that this was not a matter that lent itself to arguments on Affidavit or interim relief, and that the Suit itself would have to be heard at an early date. A quite extraordinary amount of time was spent in filing a Written Statements, framing issues, disclosures, marking documents and so on, but by our glacial standards, the matter went to trial with uncommon despatch. The original Plaintiff filed a substantial Affidavit in lieu of examination-in-chief. Cross-examination commenced on 27th April 2015, just a little over a year after the Suit was filed. Khuzembhai was being cross-examined. While this was under way, the matter, which obviously could not proceed on a day-to-day basis, was adjourned by consent. Before the next hearings could be scheduled, Khuzemabhai died in American on 30th March 2016.