A single judge bench of the Bombay High Court recused itself from hearing a suit filed by Khuzaima Qutbuddin, who claims to be the 53rd Dai al-Mutlaq and head of the Dawoodi Bohra community, seeking to be declared as the Syedna.
Qutbuddin filed the suit last week seeking relief against Mufaddal Saifuddin, the second son of the late Syedna Mohammed Burhanuddin. Mohammed Burhanuddin passed away on January 17 this year at the age of 102.
Qutbuddin, who is the half-brother of the late Syedna, sought that Mufaddal be restrained from holding himself or doing any acts, deeds or things as the 53rd Dai al-Mutlaq of the community.
The suit came up for hearing before Justice S J Kathawalla today who recused himself from hearing the case as he had appeared for the late Syedna in the past in another matter.
The suit will now be placed before another judge of the high court.
Qutbuddin in his suit termed Mufaddal’s succession as false.
Qutbuddin’s family had earlier claimed that they had tried repeatedly 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.
Qutbuddin claimed that the late Syedna had chosen him his Mazoon (deputy) and secretly appointed him as his successor 50 years ago.
