Bhopal (Madhya Pradesh): Supreme Court (SC) on Friday granted an interim stay on MP High Court’s direction to remand a long-standing property dispute involving the private estate of actor Saif Ali Khan’s ancestor and Bhopal’s last ruler, Nawab Hamidullah Khan.
A bench comprising Justice PS Narasimha and Justice Atul Chandurkar issued notice on the plea filed by Omar and Raashid Ali, heirs of elder brother of late Nawab Mohd Hamidullah Khan, last ruler of erstwhile Bhopal state, challenging MP High Court’s June 30order.
The High Court’s order arose from two appeals filed by Nawab’s relatives, including Begum Suraiya Rashid (since deceased) and her children Mahabano (also deceased), Niloufar, Nadir and Yawar — now represented by their legal heirs, including the present petitioners — and Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab.
The High Court found that the trial court had relied on a judgment overturned by the Supreme Court in Talat Fatima Hasan vs Syed Murtaza Ali Khan (2019), which held that succession must be decided as per personal law.
Invoking Order 14 Rule 23A CPC, the High Court remanded the matter for a fresh decision. The petitioners have now approached the Supreme Court challenging the remand.
Senior Advocate Rupesh Kumar said, “SC has granted interim stay on MPHC order which had remanded the matter back to the trial court. There was no case of remand made out either by the plaintiff or by the defendant.”
