The suit was mentioned before Justice Gautam Patel today who posted it for hearing on ad-interim relief on April 29.
Qutbuddin, who had filed the suit last week, had sought interim relief that Mufaddal Saifuddin, the second son of the late Syedna Mohammed Burhanuddin, be restrained from holding himself or doing any acts, deeds or things as the 53rd Dai al-Mutlaq of the community.
Qutbuddin, who is the half-brother of the late Syedna, alleged that his nephew's succession as Syedna was false.
The matter was placed before Justice Patel today after another single judge of the high court Justice S J Kathawalla yesterday recused himself from hearing the case as he had appeared for the late Syedna in the past in another matter.
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Qutbuddin's family had earlier claimed that they had repeatedly tried to resolve the issue internally.
"We even invited him (Mufaddal) for a debate and establish the rightful claim of nass (succession). But all the attempts have been ignored and rebuffed by Shehzada Mufaddal Saifuddin," the family had said earlier in a press note.