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Mahantesh Alias Malthesh Vs B Venkatesh — Writ and Judicial Review | Karnataka HC (2026)

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Karnataka HC
2026
Mahantesh Alias Malthesh Vs B VenkateshMahantesh Alias Malthesh v. B Venkatesh

Dismissed¶34

Mahantesh Alias Malthesh v. B Venkatesh

Karnataka HC22 Jan 2026WP/19573/2024

Case brief

AI extract

What is this about?

Keywords: High Court of Karnataka, Bengaluru; W.P. No.19573/2024 (GM-CPC); NC: 2026:KHC:3633; decided 22 January 2026; single bench of Justice Vijaykumar A. Patil; petitioners Mahantesh alias Malthesh and Kantharaj @ Kanta (counsel M.R. Hiremathad); respondents B. Venkatesh, B. Harish, B. Vishwanath, B. Raghu; certiorari under Articles 226 and 227 of the Constitution of India; challenge to order dated 12.01.2023 in MA No.12/2022 (Additional Senior Civil Judge and JMFC, Bhadravathi) confirming rejection of IA No.1 in O.S. No.217/2021 (Principal Civil Judge and JMFC, Bhadravathi); writ petition dismissed as infructuous after underlying suit disposed of by trial Court; Bhadravathi, Shimoga district.

What did the court decide?

In view of the disposal of the underlying suit O.S. No.217/2021 by the trial Court, the writ petition has rendered infructuous and is dismissed as infructuous.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anything survived for adjudication in the writ petition seeking certiorari to quash the MA No.12/2022 order after the underlying suit O.S. No.217/2021 had been disposed of by the trial Court.

Court's answer

In view of the disposal of the underlying suit O.S. No.217/2021 by the trial Court, the writ petition has rendered infructuous and is dismissed as infructuous.

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) No.19573/2024 under Articles 226 and 227 of the Constitution of India, filed by Mahantesh alias Malthesh and Kantharaj @ Kanta before the High Court of Karnataka at Bengaluru, sought a writ in the nature of certiorari to quash the order dated 12.01.2023 passed in MA No.12/2022 by the Additional Senior Civil Judge and JMFC, Bhadravathi, which confirmed the order dated 12.04.2022 passed on IA No.1 in O.S. No.217/2021 by the Principal Civil Judge and JMFC, Bhadravathi, rejecting the application filed by the plaintiffs/respondents (B. Venkatesh, B. Harish, B. Vishwanath and B. Raghu). Learned counsel for the petitioners (Sri M.R. Hiremathad) submitted that the underlying suit O.S. No.217/2021 stood disposed of by the trial Court with nothing surviving for adjudication. The Court (Hon'ble Justice Vijaykumar A. Patil, oral order dated 22.01.2026) held that the writ petition had rendered infructuous and dismissed it as infructuous. No relief was granted; no quantum involved; no precedents cited.

A

1 -

NC: 2026:KHC:3633 W.P. No.19573/2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.19573/2024 (GM-CPC)

BETWEEN:

MAHANTESH ALIAS MALTHESH SON OF LATE BASAPPA AGED ABOUT 38 YEARS OCC. AGRICULTURIST.

Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka

KANTHARAJ @ KANTA SON OF LATE BASAPPA AGED ABOUT 31 YEARS OCC. AGRICULTURIST.

BOTH ARE R/OF. TADASA VILLAGE BHADRAVATHI TALUK SHIMOGA DISTRICT - 577233.

…PETITIONERS

(BY SRI. M.R. HIREMATHAD, ADV.,)

AND:

B. VENKATESH SON OF LATE BASAPPA ALIAS A.K. BASAVARAJAPPA, AGED ABOUT 40 YEARS OCC. AGRICULTURIST.

B. HARISH SON OF LATE BASAPPA AGED ABOUT 38 YEARS OCC. AGRICULTURIST.

2 - NC: 2026:KHC:3633 W.P. No.19573/2024

HC-KAR

B. VISHWANATH SON OF LATE BASAPPA AGED ABOUT 34 YEARS OCC. AGRICULTURIST.

B. RAGHU SON OF LATE BASAPPA AGED ABOUT 32 YEARS OCC. AGRICULTURIST.

ALL ARE RESIDENTS OF GUDUMAGHATTA VILLAGE BHADRAVATHI TALUK SHIMOGA DISTRICT - 577233.

…RESPONDENTS

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DTD 12.01.23, PASSED IN MA NO.12 OF 2022 , BY THE LEARNED ADDL SENIOR CIVIL JUDGE AND JMFC, AT BHADRAVATHI, PRODUCED AT ANNEXURE-F BY CONFIRMING THE ORDER PASSED ON IA NO. 1 IN OS NO. 217/21, DTD 12.04.22, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, AT BHADRAVATHI, PRODUCED AT ANNEXURE-D BY REJECTING THE APPLICATION FILED BY THE PLAINTIFFS/ RESPONDENTS & ETC.

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

3 -

NC: 2026:KHC:3633 W.P. No.19573/2024

HC-KAR

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This writ petition is filed seeking to set aside the order dated 12.01.2023 passed in MA.No.12/2022 by the Additional Senior Civil Judge and JMFC, Bhadravathi confirming the order dated 12.04.2022 passed on IA.No.1 in O.S.No.217/2021 by Principal Civil judge and JMFC, Bhadravathi.

Learned counsel for the petitioners submits that

the suit in O.S.No.217/2021 filed by the respondents has been disposed of by the trial Court and nothing further survives for adjudication in the matter.

In view of the said submission, the writ petition

has rendered infructuous and is accordingly, dismissed as infurctuous.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK List No.: 1 Sl No.: 17

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether anything survived for adjudication in the writ petition seeking certiorari to quash the MA No.12/2022 order after the underlying suit O.S. No.217/2021 had been disposed of by the trial Court.medium confidence¶32
The court held
In view of the disposal of the underlying suit O.S. No.217/2021 by the trial Court, the writ petition has rendered infructuous and is dismissed as infructuous.ratio¶34

Statutes considered

2 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶23 Article 227¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 12.01.2023 in MA No.12/2022 confirming the order dated 12.04.2022 passed on IA No.1 in O.S. No.217/2021¶30
Additional Senior Civil Judge and JMFC, Bhadravathi · 12.01.2023
Prior proceeding
Trial Court order dated 12.04.2022 on IA No.1 in O.S. No.217/2021 rejecting the application filed by the plaintiffs/respondents (Annexure-D), confirmed by the appellate order in MA No.12/2022 (Annexure-F)¶23
Prior proceeding
Learned counsel for the petitioners submitted that the suit O.S. No.217/2021 filed by the respondents has been disposed of by the trial Court and nothing further survives for adjudication¶32

Parties & counsel

AI extract

petitioner
Mahantesh alias Malthesh¶8
M.R. Hiremathad
petitioner
Kantharaj @ Kanta¶10
M.R. Hiremathad
respondent
B. Venkatesh¶15
respondent
B. Harish¶16
respondent
B. Vishwanath¶19
respondent
B. Raghu¶20

Coram

AI extract

Vijaykumar A. Patilauthor¶28

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 22 Jan 2026 · January
Registered: 23 Jul 2024
Case no.: WP/19573/2024
CNR: KAHC010394762024
Topic: Writ and Judicial Review
Bench: Vijaykumar A. Patil
Disposal: DISMISSED
Case type: W.P. (GM-CPC)

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Cite this judgement

Mahantesh Alias Malthesh v. B Venkatesh, WP/19573/2024 (KA), decided on 22 January 2026.

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

Statutes2

Constitution of IndiaArticle 226 · Article 227

View all statutes

Procedural history3

Order dated 12.01.2023 in MA No.12/2022 confirming the order dated 12.04.2022 passed on IA No.1 in O.S. No.217/2021Additional Senior Civil Judge and JMFC, Bhadravathi · 12.01.2023
Trial Court order dated 12.04.2022 on IA No.1 in O.S. No.217/2021 rejecting the application filed by the plaintiffs/respondents (Annexure-D), confirmed by the appellate order in MA No.12/2022 (Annexure-F)
Learned counsel for the petitioners submitted that the suit O.S. No.217/2021 filed by the respondents has been disposed of by the trial Court and nothing further survives for adjudication

View full history

Bench / Coram

Vijaykumar A. Patil

Parties & counsel