Bombay High Court

SHAIKH AMIN SHAIKH DIED LRS SHAIKH SALIMABI AMIN AND OTHERSversusSAYYAD UMAR SAYYAD USMAN AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The court held that the writ petitions stand disposed as the undertaking to add the Wakf Board as a party-defendant was accepted.

Summary

The petitioners filed writ petitions seeking relief in two suits. The respondents informed the court that the original plaintiff intended to implead the Wakf Board as a party-defendant in both suits. The court treated this statement as a formal undertaking. Accepting the undertaking, the court concluded that there was no longer any ground for the writ petitions to continue. Consequently, the writ petitions were disposed of, and any pending civil application related to the matters was also dismissed.

Issues considered

Whether the writ petitions should be dismissed upon the plaintiff's undertaking to add the Wakf Board as a party-defendant.

Subjects

Wakf Board
party-defendant
writ petition
civil application
disposal of petition

Judgment

2026:BHC-AUG:9118



                                                                    54 WP No.10959.2016
                                                 -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                 WRIT PETITION NO. 10959 OF 2016

               SHAIKH AMIN SHAIKH DIED LRS SHAIKH SALIMABI AMIN AND OTHERS
                                                  VERSUS
                             SAYYAD UMAR SAYYAD USMAN AND OTHERS
                                                      ...
              Advocate for the Petitioners : Mr. Anil S. Bajaj
              Advocate for Respondent No. 1 : Mr. Shaikh Mazhar A. Jahagirdar,
              Advocate for Respondent No. 8 : Mr. Yunus Basheer Pathan
                                                      ...
                                                   WITH
                                 CIVIL APPLICATION NO. 5489 OF 2020
                                             IN WP/10961/2016

                             AYUB KHAN MEHABOOB KHAN AND OTHERS
                                                 VERSUS
                 SAYAD LATIF IMAM DIED LRS SAYYAD HAMID LATIF AND OTHERS
                                                     ...
              Advocate for Applicants : Mr. Anil S. Bajaj
                                                     ….
                                                   WITH
                                  WRIT PETITION NO. 10961 OF 2016

                             AYUB KHAN MEHABOOB KHAN AND OTHERS
                                                  VERSUS
                   SAYAD LATIF IMAM DIED LRS SAYYAD HAMID LATIF AND OTHERS
                                                      ...
              Advocate for the Petitioners : Mr. Anil S. Bajaj
              Advocate for Respondents No. 1, 2 and 4 to 9 : Mr. Ms. Fatema Kazi h/f Mr.
              S. S. Kazi
                                                     ….

                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                    Date : 4th March, 2026
              PER COURT :-

              1.          After hearing the learned counsel for respondents for some

              time, he submits that the original plaintiff is ready to add Wakf Board as
                                                       54 WP No.10959.2016
                                     -2-

party-defendant in both the suits.


2.            The said statement is accepted as an undertaking to this

Court. Considering the same, nothing survives in the petition.

Accordingly, the writ petitions are disposed of. Resultantly, pending

civil application, if any, also stands disposed of.




                                           (SIDDHESHWAR S. THOMBRE, J.)


Omkar Joshi

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