- 1 - HC-KAR NC: 2026:KHC:32038 RSA No. 1291 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1291 OF 2021 (SP) BETWEEN: SMT GANGAMMA AGED ABOUT 60 YEARS, W/O LATE KRISHNA REDDY, RESIDENT OF KARIKERE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT – 577 599. …APPELLANT (BY SRI. MUKKANAPPA S B, ADVOCATE) AND: 1. SRI D S SURESH AGED ABOUT 65 YEARS, S/O D S SIDDARAMANNA, R/O ‘A’ DIVISION, NEAR BUS STAND, HIRIYUR -577 598 2. SMT SHAKUNTHALAMMA AGED ABOUT 55 YEARS W/O LATE BHEEMAREDDY, R/O SONDEKERE VILLAGE, HIRIYUR TALUK -577 599 3. SMT ANURADHA AGED ABOUT 36 YEARS, W/O SRINIVASA, R/O MARADIHALLI VILLAGE, HIRIYUR TALUK – 577 599 4. MR PAVAN AGED ABOUT 33 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32038 RSA No. 1291 of 2021 S/O LATE BHEEMAREDDY, R/O SONDEKERE VILLAGE, HIRIYUR TALUK-577 599 5. MR HARISH AGED ABOUT 30 YEARS, S/O LATE BHEEMAREDDY, R/O SONDEKERE VILLAGE, HIRIYUR TALUK- 577 599 6. ASHA AGED ABOUT 28 YEARS, D/O LATE BHEEMAREDDY, R/O SONDEKERE VILLAGE, HIRIYUR TALUK – 577 599 …RESPONDENTS (BY SRI JAGADISH J R, ADVOCATE FOR R1; SRI ZULFIKIR KUMAR SHAFI, ADVOCATE FOR R2 TO R6- ABSENT) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 20.06.2018 PASSED IN R.A.No.61/2017 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.10.2017 PASSED IN O.S.No.33/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HIRIYUR. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:32038 RSA No. 1291 of 2021 ORAL JUDGMENT Heard Sri S.B. Mukkanappa, learned counsel for the appellant and Sri Jagadish J.R., learned counsel for respondent No.1. 2. Appellant is the defendant No.2 who has challenged the order passed by the First Appellate Court in R.A.No.61/2017 in Misc.No.225/2018. 3. Facts which are utmost necessary for disposal of the present appeal are as under: 3.1. A suit in O.S.No.33/2007 was filed by the contesting respondent for the relief of specific performance which came to be dismissed on due contest by judgment dated 03.10.2017. 4. Against the said judgment, plaintiff filed an appeal in R.A.No.61/2017 which was allowed by the First Appellate Court by judgment dated 20.06.2018. - 4 - HC-KAR NC: 2026:KHC:32038 RSA No. 1291 of 2021 5. Defendant No.2 filed a miscellaneous petition in Misc.No.225/2018 who was respondent No.6 in the regular appeal filed by the plaintiff in R.A.No.61/2017. 6. Defendant No.2 contended that R.A.No.61/2017 was disposed of ex-parte and therefore availed the alternate remedy of filing a miscellaneous petition to set aside the ex parte judgment passed in R.A.No.61/2017. 7. Learned judge after enquiry in Misc.No.225/2018, dismissed the said miscellaneous petition holding that there were no substantial materials placed before the Court to rehear the appeal by noting that sufficient opportunity had been granted to defendant No.2/respondent No.6 to contest the matter. 8. Having failed in such attempt to set aside the ex parte decree passed in R.A.No.61/2017 in the Misc.No.225/2018, defendant No.2/respondent No.6 has now filed the present second appeal challenging the order passed by the First Appellate Court in R.A.No.61/2017. - 5 - HC-KAR NC: 2026:KHC:32038 RSA No. 1291 of 2021 9. When once a party has chosen the alternate remedy of challenging the judgment and decree passed in R.A.No.61/2017 by filing a miscellaneous petition, on her volition she cannot now permitted to challenge the judgment passed in R.A.No.61/2017 by this second appeal, especially after the miscellaneous petition came to be dismissed on merits. The remedy for the appellant lies elsewhere. 10. Reserving such liberty for the appellant to pursue the remedy against the order passed in Misc.No.225/2018, present appeal stands dismissed as not maintainable. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 25