- 1 - HC-KAR NC: 2025:KHC:50695 WP No. 3866 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3866 OF 2024 (GM-CPC) BETWEEN: RAMACHANDRA R S/O LATE RAMACHANDRA RAO AGED ABOUT 40 YEARS R/O BAKIMAR HOUSE TELLAR ROAD KARKALA TALUK UDUPI DISTRICT - 574 104. …PETITIONER (BY SRI SRIKANTH V.K, ADV.) AND: PRABHAKAR BELLIRAYA S/O LATE NARAYANA BELLIRAYA AGED ABOUT 77 YEARS R/O HOSAMANE TELLAR ROAD KARKALA TALUK UDUPI DISTRICT - 574 104. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND QUASH THE ANNEXURE-B VIDE ORDER IN RA NO. 29/2017 PASSED BY THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI DATED 17/10/2022 AND TO RESTORE THE SUIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50695 WP No. 3866 of 2024 ORAL ORDER 1. The matter is called twice. There is no representation on behalf of the petitioner. Registry has raised an office objection with regard to maintainability of the petition on the ground that petitioner has an alternative remedy of challenging the order impugned by filing a second appeal as provided under Section 100 of CPC. 2. Perusal of the material on record would go to show that petitioner has prayed to set-aside the order passed in RA No.29/2017 by the Court of II Addl. District and Sessions Judge, Udupi (Itinerary Sitting at Karkala), wherein the said regular appeal has been dismissed as not maintainable. As against the said order, an alternative remedy of filing a regular second appeal under Section 100 of CPC is available to the petitioner and therefore, this writ petition cannot be maintained. Accordingly, the petition is dismissed reserving liberty to the petitioner to assail the order impugned passed in RA No.29/2017 by availing the alternative remedy. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 1 Sl No.: 19