Mumbai: The Bombay High Court on Tuesday allowed a plea to make Syedna Taher Fakhruddin as the plaintiff after the demise of the original plaintiff Syedna Khuzaima Qutbuddin in the ongoing succession battle for the post of Syedna of Dawoodi Bohra community.
Justice Gautam Patel allowed chamber summons (application) filed by Fakhruddin.
Fakhruddin will now continue the suit against Shehzada Mufaddal Saifuddin to prove that he (Syedna Fakhruddin) is the 54th Dai al-Mutlaq of the Dawoodi Bohra community after establishing that Syedna Khuzaima Qutbuddin was the 53rd Dai al-Mutlaq.
Shehzada Mufaddal Saifuddin and his representatives had earlier claimed the suit had abated and that he had won the suit after the demise of Syedna Khuziama Qutbuddin.
The high court also fixed a time-table for carrying out amendments. The defendant has been asked to file an additional written statement. This succession suit has been listed for directions in April 2017.
"This is a very positive step towards resolving the issue of the rightful successor to the 52nd Dai, his Holiness the Late Syedna Mohammed Burhanuddin RA and for the future of the Dawoodi Bohra community," said the statement issued by the plaintiff here today.
Fakhruddin had moved a chamber summons application in the court asking the court to implead him in the case and continue hearing the suit. Qutbuddin expired in April last year in USA, his body was flown to Mumbai and later buried in Thane. In June 2011, Saifuddin was nominated successor, according to a press statement from the community.
Qutbuddin had publicly challenged the succession first time after the death of Syedna Mohammed Burhanuddin, the 52nd Syedna, on January 17, 2014.
Qutbuddin had claimed that he did not challenge the "false claims" made by Saifuddin until now because he (Qutbuddin) had been asked to maintain his appointment in confidence by Syedna Burhanuddin and was waiting for the late leader to get well to take up the issue with him.