Bombay High Court

ISMAIL CHANDSO MUJAWARversusSANDESH TADVI

Disposal: DISPOSED OFF

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Ismail Chandso Mujawar, filed a continuation petition seeking directions, including his appointment as Mutawali of a Wakf institution, after a Wakf Tribunal order. The petitioner’s counsel requested a notice to the respondent, but the court observed that the petitioner had been inactive since 2019 and had not pursued the matter diligently. The judges noted the petitioner’s negligence in prosecuting the case. Consequently, the court declined to grant any relief or direction. The petition was dismissed for want of prosecution.

Issues considered

Whether the petition should be dismissed for want of prosecution due to the petitioner’s inactivity
Whether any direction, such as appointment of the petitioner as Mutawali, should be issued despite the petitioner’s negligence

Subjects

petition dismissed
want of prosecution
Wakf
Mutawali appointment
court procedure
negligence

Judgment

                                   (1)
                                                    908- C.P. 319-2019.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                  CONT. PETITION NO. 319 OF 2019
                         IN WP/2506/2017

                     ISMAIL CHANDSO MUJAWAR
                              VERSUS
                          SANDESH TADVI

                                  …..
Advocate for the Petitioner : Mr. C. R. More h/f Mr. Gautam J.
Pahilwan
AGP for Respondents: Mr. G. A. Kulkarni
                                   …..

                   CORAM :      SANDIPKUMAR C. MORE, &
                                VAISHALI PATIL-JADHAV, J.J.

                   DATED :       SEPTEMBER 29, 2026

ORDER:-

1.    Though the learned counsel holding for Mr. Pahilwan, for the

petitioner, requested to issue notice to respondent, but it appears that

the petitioner is not diligent in prosecuting the matter and he did not

even circulate the matter after 2019. The directions appears to be for

appointing the petitioner as “Mutawali” of Wakf Institution “ Dargah

Haji Mohammed Hazrat Mohammed Sahab R.H. situated at Mouje

Kondi Tq. & Dist. Solapur under the orders of Wakf Tribunal,

Aurangabad.



2.    However, considering the conduct of the petitioner, we are not

inclined to grant any direction in this matter, as the petitioner himself
                                  (2)
                                                     908- C.P. 319-2019.odt
is found highly negligent in prosecuting the matter.        As such, the

petition stands dismissed for want of prosecution.



(VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
      JUDGE                                JUDGE

YSK/

Continue reading with your account

Checking your session…