AZIM ABDUL GAFFUR KHAN Vs. LEVINSON J MARTINS

JUDGEMENT

(1.) Heard Mr. S. G. Dessai, the learned Senior Counsel on behalf of the petitioners and Mr. A. D. Bhobe, the learned Counsel on behalf of the respondent Nos. 2 to 7.

(2.) This petition was filed to assail the order dated 6/10/2005 of the learned Sub-Divisional Magistrate, Vasco da Gama.

(3.) The dispute between the parties is regarding the management of a mosque built on Chalta No. 201 under P. T. Sheet No. 155. There is no dispute that initially the said property was purchased by Sale Deed dated 14/6/1991 by 6 persons, namely the first and the fifth petitioners, the second and the third respondents, Mohamed Yusuf Menon and Ismail Khan and later with individual contributions as well as with public donations a Mosque/masjid was erected in the year 1992 under the leadership of Farooq ahmed Shaikh (respondent No. 2) and a room for the residence of Pesh-imam was constructed. Although the said property was purchased with a view to form a trust, to be known as Tanzime Ahle Sunnat, the same was never formed nor registered but petitioner Nos. 1, 3, 5 and 6 formed a Society on or about 21-10-2003 known as intizamia Committee of Masjid-e-Taiba and its name was subsequently changed into intizamia Committee of Sunni Masjid-e-Taiba and Madersa-e-Ghausia. The real disputes between the petitioners and the respondents presumably started around 12-4-2005 when the Pesh-imam (respondent no. 4) proceeded on leave of 45 days and in his place Sultan Rizwi was appointed. The respondents claim that it is they who sanctioned his leave from 12-4-2005 to 26-5-2005. The petitioners claimed that they terminated his services from 15-4-2005. Both the parties claim that each of them had brought in Sultan Rizwi as Pesh-iman.