The Gujarat High Court has allowed Syedna Taher Fakhruddin to replace his father Syedna Khuzaima Qutbuddin as the petitioner in a litigation pertaining to trusteeship of properties of Dawoodi Bohra community in the state after the latter's death in March.
The bench headed by Justice R H Shukla passed the order on November 10, a copy of which was available today.
The case pertains to a dispute about succession after the death of Dawoodi Bohra community's spiritual head, 52nd 'Dai-al-Mutlaq' Syedna Mohammed Burhanuddin, in January 2014.
The high court allowed Fakhruddin to substitute his father in pending proceedings about the Waqfs and trusts of the community of which the 'Dai' is the sole trustee.
However, the court stayed the order till December 5 to enable the respondents to challenge it in the Supreme Court.
The litigation started after Burhanuddin's elder son Shahzada Mufaddal declared himself the next spiritual head or 'Dai' of the community. His uncle Qutbuddin challenged the claim.
Qutbuddin claimed he was the successor, being the brother as well as deputy of Syedna Burhanuddin for 50 years.
After Burhanuddin's death, Qutbuddin filed a suit in the Bombay High Court seeking a declaration that he was the 53rd 'Dai-al-Mutlaq'. He also filed a petition in the Gujarat High Court about properties under various Waqfs and trusts of the community in Gujarat.
When Qutbuddin died in the US on March 31, son Fakhruddin moved the high court seeking substitution of his name in the petition.
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