Mumbai: The Bombay High Court today
admitted a petition filed by Mohammad Ali Jinnah`s Dina Wadia,
staking claim to a bungalow located in south Mumbai but
refused to give her any interim relief.
A division bench headed by Justice D K Deshmukh
scheduled the case for final hearing on September 23.
The court also allowed the Union government, which
currently is in possession of the house, to carry out repairs
and renovation, after intimating Wadia about the work.
The court refused to give any interim relief to the
petitioner, said government pleader D Nalavade.
Wadia had moved the high court last year, staking a
claim on the bungalow saying she was the sole heir of
But the Centre`s stand is that Jinnah had given the
bungalow to his sister Fatima by a 1939 will, and since Fatima
migrated to Pakistan after Independence, the Indian government
acquired it under Bombay Evacuee`s Property Act 1949 by
issuing a notification.
Fatima`s nephew Mohammad Ibrahim too has intervened
in the case, opposing Wadia`s claim.
Meanwhile, the court today dismissed a fresh
intervention application, filed by advocate Feroze Ansari,
claiming to represent Indian citizens` interest.
The hearing of the case was partially over before
division bench of the then chief Justice Swatanter Kumar, but
as Justice Kumar was elevated to Supreme Court, fresh hearing
would not begin.