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Sri.Bhishmapitamaha Vs Sri. Mahanth K… — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Sri.Bhishmapitamaha Vs Sri. Mahanth K. KrishnamohanaSri.Bhishmapitamaha v. Sri. Mahanth K. Krishnamohananda Giri

Dismissed¶41

Sri.Bhishmapitamaha v. Sri. Mahanth K. Krishnamohananda Giri Goswamy

Karnataka HC10 Nov 2025WP/37997/2019

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), Hon'ble Mr. Justice S Vishwajith Shetty, order dated 10-11-2025; WP No. 37997 of 2019 (GM-CPC); neutral citation NC: 2025:KHC:45437. Filed under Article 227 of the Constitution of India seeking quashing of the order dated 12.03.2019 of the Addl. Civil Judge and JMFC, Srirangapatna passed on the petitioner's application in O.S.No.216/2017 (Annx-F). Petitioners: LRs of Sri Bhishmapitamaha (incl. Kuldeep Prakash, Shobha Devi, Nisha Sharma, Anjana, Vijaya Lakshmi, and Hemalatha rep. by Rajesh Kumar Sharma), through GPA holder Sri Ramajanam; counsel: Sr. Counsel Ravi B. Naik with Vijetha R Naik. Respondents: Mahanth K. Krishnamohananda Giri Goswamy (counsel: Abhinava R, Kumar & Kumar Advocates) and Nanjappa, Nanjunda, Vidya Shankar (served). Result: dismissed as withdrawn with liberty to institute an independent suit for declaration and permanent injunction; contentions left open; pending IAs disposed. No merits decided; no case law cited.

What did the court decide?

Writ petition dismissed as withdrawn with liberty as prayed for: liberty to initiate appropriate proceedings before the jurisdictional Court and to independently institute a suit for declaration and permanent injunction; all contentions of both sides left open; pending IAs disposed of as not surviving. ¶41

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty as prayed for: liberty to initiate appropriate proceedings before the jurisdictional Court and to independently institute a suit for declaration and permanent injunction; all contentions of both sides left open; pending IAs disposed of as not surviving.

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India by the legal representatives of Sri Bhishmapitamaha (all represented by their GPA holder Sri Ramajanam), challenging the order dated 12th March 2019 passed by the learned Addl. Civil Judge and JMFC, Srirangapatna on an application filed by the petitioner in O.S.No.216/2017 (marked Annx-F to the suit). At the preliminary hearing itself, learned Senior Counsel for the petitioners submitted that the petition may be dismissed as withdrawn with liberty to initiate appropriate proceedings before the jurisdictional Court, and filed a memo seeking permission to withdraw with liberty to independently institute a suit for declaration and permanent injunction. The Court took the submission and memo on record, dismissed the writ petition as withdrawn with liberty as prayed for, left all contentions urged by both sides open, and disposed of the pending IAs as not surviving for consideration. No substantive issue was adjudicated and no precedent was cited or discussed.

A

1 -

NC: 2025:KHC:45437 WP No. 37997 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 37997 OF 2019 (GM-CPC)

BETWEEN:

SRI BHISHMAPITAMAHA

SINCE DEAD REPRESENTED BY HIS LRS

1(i) SRI KULDEEP PRAKASH S/O LATE BHISHMA PITAMAHA AGED ABOUT 49 YEARS.

1(ii) SMT. SHOBHA DEVI W/O SRI SUDHIR MISHRA AGED ABOUT 61 YEARS.

1(iii) SMT. NISHA SHARMA D/O LATE BHISHMA PITAMAHA AGED ABOUT 51 YEARS.

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

1(iv) SMT. ANJANA D/O LATE BHISHMA PITAHAMA AGED ABOUT 47 YEARS.

1(v) SMT. VIJAYA LAKSHMI D/O LATE BHISHMA PITAMAHA AGED ABOUT 44 YEARS.

1(vi) SMT. HEMALATHA D/O LATE BHISHMA PITAMAHA SINCE DECEASED REP. BY HER HUSBAND SRI RAJESH KUMAR SHARMA S/O LATE MANOHAR NATH SHARMA AGED ABOUT 54 YEARS.

ALL ARE RESIDING AT NO.573 ASHOKA ROAD LAKSHAR MOHALLA

2 -

NC: 2025:KHC:45437 WP No. 37997 of 2019

HC-KAR

MYSURU - 570 001.

ALL ARE REPRESENTED BY THEIR GPA HOLDER SRI RAMAJANAM S/O SRI BANAVARI R/AT NO.573, ASHOKA ROAD MYSURU - 570 001.

…PETITIONERS

(BY SRI RAVI B. NAIK, SR. COUNSEL FOR SRI VIJETHA R NAIK, ADV.)

AND:

SRI MAHANTH K. KRISHNAMOHANANDA GIRI GOSWAMY MAHANTH OF SRI TRIPURA BHAIRAVI MATH AGED ABOUT 57 YEARS RESIDING AT NO.573, ASHOKA ROAD MYSURU - 570 001.

SRI NANJAPPA S/O LATE NINAGAPPA MAJOR RESIDING AT OPP: TO YAGNNAVALKA ASHRAMA, POORNAIAH BEEDI WARD NO.7, SRIRANGAPATNA MANDYA DISTRICT.

SRI NANJUNDA S/O SHIVASWAMY MAJOR RESIDING AT OPP: TO YAGNNAVALKA ASHRAMA, POORNAIAH BEEDI WARD NO.7, SRIRANGAPATNA MANDYA DISTRICT.

SRI VIDYA SHANKAR S/O SHIVASWAMY MAJOR RESIDING AT OPP: TO YAGNNAVALKA ASHRAMA, POORNAIAH BEEDI WARD NO.7, SRIRANGAPATNA MANDYA DISTRICT.

…RESPONDENTS

3 -

NC: 2025:KHC:45437 WP No. 37997 of 2019

HC-KAR

(BY SRI ABHINAVA R, ADV. KUMAR & KUMAR ADVOCATES FOR R-1; R-2 TO R-4 SERVED)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS W.P. AND QUASH THE ORDER DATED 12th MARCH 2019 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA, ON APPLICATION FILED BY THE PETITIONER IN O.S.NO.216/2017 A COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNX-F TO THE SUIT THEREBY ALLOWING THE APPLICATION OF THE PETITIONER.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Learned Senior Counsel for the petitioners after arguing the matter for some time submits that this petition may be dismissed as withdrawn with liberty to the petitioners to initiate appropriate proceedings before the jurisdictional Court in order to protect his rights. He has filed a memo seeking permission of this Court to withdraw the petition with liberty to independently institute a suit for declaration and permanent injunction.

The submission and memo is taken on record.

Writ petition is dismissed as withdrawn with liberty

as prayed for.

4 -

NC: 2025:KHC:45437 WP No. 37997 of 2019

HC-KAR

All contentions urged by both sides are left open.

Pending IAs' do not survive for consideration and

accordingly, the same are disposed of.

Sd/-

(S VISHWAJITH SHETTY)

JUDGE

NMS

List No.: 1 Sl No.: 41

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 227¶35

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 12th March 2019 passed on an application filed by the petitioner in O.S.No.216/2017 (copy produced as Annx-F to the suit); the writ petition sought its quashing.¶35
Learned Addl. Civil Judge and JMFC, Srirangapatna · 2019-03-12
Prior proceeding
O.S.No.216/2017 before the Addl. Civil Judge and JMFC, Srirangapatna, in which the petitioner had filed an application; a copy of the application/order was marked as Annx-F to the suit.¶35

Parties & counsel

AI extract

petitioner
Sri Bhishmapitamaha (since dead, represented by his legal representatives)¶8
Ravi B. Naik (Sr.), Vijetha R Naik
petitioner
Sri Kuldeep Prakash s/o Late Bhishma Pitamaha (LR 1(i))¶10
Ravi B. Naik (Sr.), Vijetha R Naik
petitioner
Smt. Shobha Devi w/o Sri Sudhir Mishra (LR 1(ii))¶11
Ravi B. Naik (Sr.), Vijetha R Naik
petitioner
Smt. Nisha Sharma d/o Late Bhishma Pitamaha (LR 1(iii))¶12
Ravi B. Naik (Sr.), Vijetha R Naik
petitioner
Smt. Anjana d/o Late Bhishma Pitamaha (LR 1(iv))¶14
Ravi B. Naik (Sr.), Vijetha R Naik
petitioner
Smt. Vijaya Lakshmi d/o Late Bhishma Pitamaha (LR 1(v))¶15
Ravi B. Naik (Sr.), Vijetha R Naik
petitioner
Smt. Hemalatha d/o Late Bhishma Pitamaha (LR 1(vi)), since deceased, rep. by her husband Sri Rajesh Kumar Sharma¶16
Ravi B. Naik (Sr.), Vijetha R Naik
respondent
Sri Mahanth K. Krishnamohananda Giri Goswamy, Mahanth of Sri Tripura Bhairavi Math (Respondent No. 1)¶26
Abhinava R, Kumar & Kumar Advocates
respondent
Sri Nanjappa s/o Late Ninagappa (Respondent No. 2)¶27
respondent
Sri Nanjunda s/o Shivaswamy (Respondent No. 3)¶28
respondent
Sri Vidya Shankar s/o Shivaswamy (Respondent No. 4)¶29

Coram

AI extract

S Vishwajith Shettyauthor¶37

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 10 Nov 2025 · November
Registered: 20 Aug 2019
Case no.: WP/37997/2019
CNR: KAHC010258952019
Topic: Writ and Judicial Review
Bench: S Vishwajith Shetty
Disposal: DISMISSED
Case type: GM-CPC

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Cite this judgement

Sri.Bhishmapitamaha v. Sri. Mahanth K. Krishnamohananda Giri Goswamy, WP/37997/2019 (KA), decided on 10 November 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 227

View all statutes

Procedural history2

Order dated 12th March 2019 passed on an application filed by the petitioner in O.S.No.216/2017 (copy produced as Annx-F to the suit); the writ petition sought its quashing.Learned Addl. Civil Judge and JMFC, Srirangapatna · 2019-03-12
O.S.No.216/2017 before the Addl. Civil Judge and JMFC, Srirangapatna, in which the petitioner had filed an application; a copy of the application/order was marked as Annx-F to the suit.

View full history

Bench / Coram

S Vishwajith Shetty

Parties & counsel