HC raps Pune judge

MUMBAI, June 28: In a litigation described by the Bombay High Court as 8220;extremely disturbing and disquieting8221; a Pune Co-operative Judge, B G More, has been held guilty of 8220;perverse exercise of discretion8221; while adjudicating a property dispute. He has been asked to show cause as to why he should not be held guilty of contempt of court. The litigation revolves around two properties of the Mumbai-based Batliboi family at Pune and Mahabaleshwar. This April, Goolbai Kaikhusru Batliboi, was served an order by More, informing that one Azim Karim Virani was the sole executor and trustee of both the properties, and that he had been made executor by one of the Batlibois8217; ancestors. The Batlibois were told not to interfere with Virani8217;s claim over the properties, especially since he was the promoter of the proposed co-operative society in these two properties.

The Batlibois challenged this order in the HC which ruled that the Pune court had no jurisdiction over the execution of a yet-to-be formed or registeredsociety. The Batlibois then moved a division bench in the HC. They also expressed doubts over the alleged will of their ancestor, as was claimed by Virani, and the division bench appointed a court receiver. However, when the court receiver went to Mahabaleshwar he was stopped by More8217;s another order, after two persons filed claimed to be members of the proposed co-op society allegedly sought to be formed by Virani. The court receiver was told not to disturb the equations in the two properties.

The Batlibois moved HC yet again, and this time, HC stayed the Pune order and passed strictures against More. The HC said the judge has repeatedly passed orders directly contradicting its orders. quot; We are prima facie satisfied that the dispute filed by the alleged members of the proposed co-operative society has been in collusion with respondent Virani,8221; it remarked. The high court has directed the receiver to take possession of the properties, and even break open locks is necessary, on any day including Sundaysand bank holidays. The local police have been directed to extend help to the receiver in the enforcement of the order.

The Pune judge has been directed not to deal with this dispute and any other property dispute that may be filed in the co-operative court at Pune.