RASHID ABDUL SATTAR OOMERBHOY Vs. NARGIS MAJID OOMERBHOY

JUDGEMENT

(1.) SUBJECT only to further directions indicated below, this order will dispose of both this notice of motion and this suit.

(2.) THE suit, filed in 2002, seeks a dissolution and distribution of the properties of the Ahmed Oomerbhoy Wakf Trust ( ''the Trust ''; ''the Wakf ''). Admittedly, this is a private trust. The Plaintiff and Defendants No. 2 to 6 form one group, ''the Sattar Group ''; Defendants No. 7 and 8 together constitute the second group, ''the Majid Group ''. The two groups are, and this is also admitted, jointly entitled to 50% share each in the properties of the Trust.

(3.) THE entirety of the Factory Premises at Two Tanks, Byculla actually consists of six separate plots. Of this, C.S. Nos. 1009 and 1010 are the properties that did not belong to the Trust, but to Ahmed Oomerbhoy personally. These are the two plots that are admittedly equally divisible between the two groups. The Trust owned four plots that were part of the Factory Premises: C.S. Nos. 1011, 1012, 1014 and 1015. At some point, there were several tenants spread across the Factory Premises, including some partnership firms of the Oomerbhoy family. There were also several structures on the Factory Premises. Those have since, under orders of this Court, been demolished under orders of this Court.