Mr. Raghu Poojary vs Smt. Meenakshi
2025 Latest Caselaw 5665 Kant

Karnataka High Court

Mr. Raghu Poojary vs Smt. Meenakshi on 28 March, 2025

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                                                    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:

Digitally       SMT. MEENAKSHI
signed by
REKHA R         W/O RAGHU POOJARY,
Location:       AGED ABOUT 57 YEARS,
High Court
of              R/AT MITHAMAJALU MANE,
Karnataka       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
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                                             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,

NC: 2025:KHC:13398

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