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2025 DAILYLAW 31606 (KAR)

MR. RAGHU POOJARY v. SMT. MEENAKSHI

CRL.RP/1021/2018 · 2025-03-28

J M Khazi

body2025

Judgment text

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- 1 - NC: 2025:KHC:13398 CRL.RP No. 1021 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1021 OF 2018 (397(Cr.PC) / 438(BNSS)) BETWEEN: MR. RAGHU POOJARY S/O LATE ANGARA POOJARY, AGED ABOUT 71 YEARS, R/AT H NO.2-68, BAIRAGURI, PADU POST, BONDANTHILA, MANGALORE TALUK, D.K.DISTRICT - 575 008. …PETITIONER (BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE) AND: SMT. MEENAKSHI W/O RAGHU POOJARY, AGED ABOUT 57 YEARS, R/AT MITHAMAJALU MANE, MALLUR, MANGALORE TALUK, D.K.DISTRICT - 575 012. …RESPONDENT (BY SRI.KETHAN KUMAR, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT DATED 21.07.2018 IN CRL.A.NO.241/2015 PASSED BY THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN SO FAR AS PASSING Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13398 CRL.RP No. 1021 of 2018 AN ORDER OF RESTRAINT AGAINST THE PETITIONER FROM ALIENATING/CREATING CHARGE/OR FROM RENOUNCING HIS RIGHTS OVER THE PETITION SCHEDULE PROPERTY WITHOUT THE LEAVE OF THE COURT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel for petitioner and respondent present. 2. Learned counsel for respondent filed memo reporting the death of sole petitioner along with death certificate and RTC extracts to show that as per the order of Sessions Court, entries have been made in the RTCs, prohibiting alienation of the said properties. 3. The present petition is by the husband challenging the order passed by the Sessions Court granting certain reliefs under the provisions of Section 19 of the Protection of Women from Domestic Violence Act, - 3 - NC: 2025:KHC:13398 CRL.RP No. 1021 of 2018 2005. With the death of sole petitioner, the present petition stands abated. 4. It is submitted that except the respondent and their children, there are no other legal representatives of the petitioner. 5. In view of the same, petition is dismissed as abated. However, respondent is at liberty to approach the Revenue authorities to remove the endorsements made in the RTC extracts. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 45