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Smt Kamala J Suvarna Vs Smt Indira Suvarna — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Smt Kamala J Suvarna Vs Smt Indira SuvarnaSmt Kamala J Suvarna v. Smt Indira Suvarna

Dismissed¶105

Smt Kamala J Suvarna v. Smt Indira Suvarna

Karnataka HC20 Jan 2026RSA/581/2024

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice Ravi V Hosmani), RSA No. 581 of 2024 (PAR), dated 20.01.2026. Second appeal under Section 100 CPC by Smt. Kamala J Suvarna and others against judgment and decree dated 20.12.2023 in RA No.110/2023 (Senior Civil Judge and JMFC, Moodbidri, D.K.) dismissing the appeal and confirming judgment and decree dated 05.04.2012 in OS No.106/2005 (Civil Judge and JMFC, Moodbidri). Listed fifth time for orders on non-compliance of office objections; appellants' counsel (Sri Chandranath Ariga K.) absent; no representation; appeal dismissed for non-prosecution. No issues decided on merits, no cases cited, no amounts. Respondents' side: Sri H Shekhara Madiwala (for C/R5 in CP No.1905/2024), Sri K. Rama Bhat and Sri Ravishankar Bhat (for R5).

What did the court decide?

Appellants did not comply with office objections despite sufficient opportunity and there was no representation, indicating they were not diligently pursuing the appeal.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Regular Second Appeal, listed repeatedly for non-compliance of office objections, should be dismissed for non-prosecution.

Court's answer

Appellants did not comply with office objections despite sufficient opportunity and there was no representation, indicating they were not diligently pursuing the appeal.

Ratio / Principle

The Regular Second Appeal is dismissed for non-prosecution.

Detailed headnote1 paragraphs

Regular Second Appeal under Section 100 CPC against judgment and decree dated 20.12.2023 in RA No.110/2023 (Senior Civil Judge and JMFC, Moodbidri, D.K.), which dismissed the appeal and confirmed the judgment and decree dated 05.04.2012 in OS No.106/2005 (Civil Judge and JMFC, Moodbidri): matter listed for orders on non-compliance of office objections for the fifth time; despite sufficient opportunity and direction to comply till closure of Court hours, there was no representation and office objections remained un-complied; held that appellants were not diligently pursuing the appeal — appeal dismissed for non-prosecution. No merits adjudicated; no precedent cited; no costs or quantum awarded.

A

1 -

NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI

REGULAR SECOND APPEAL NO. 581 OF 2024 (PAR)

BETWEEN:

SMT. KAMALA J SUVARNA AGED ABOUT 75 YEARS, W/O LATE JAYARAM SUVARNA

SMT. VEENA AGED ABOUT 50 YEARS,

MR SANTHOSH (DIED ISSUELESS)

KUM. SUREKHA AGED ABOUT 43 YEARS,

KUM. SUJATHA AGED ABOUT 40 YEARS,

Digitally signed by ANUSHA V Location: High Court of Karnataka

KUM. SUCHETHA AGED ABOUT 38 YEARS,

RESPONDENTS NO.2 TO 5 ARE CHILDREN OF LATE JAYARAMA SURVARNA R/AT KOPPALA HOSAMANE, KARNIRE VILLAGE AND POST 574 154 MANGALORE TALUK, D.K.

SRI GANGADHARA AMIN AGED ABOUT 72 YEARS S/O NARAYANA SALIAN RANALI HOUSE KARNIRE

2 -

NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

VILLAGE-574 154 MANGALORE TALUK, D.K.

…APPELLANTS

(BY SRI. CHANDRANATH ARIGA K., ADVOCATE [ABSENT])

AND:

SMT. INDIRA SUVARNA W/O SHEENAPPA, AGED ABOUT 89 YEARS, RATHNA NILAYA, OPP BOLAR POST OFFIE, BOLAR MAIN ROAD, MANGALORE-575 001

SRI BRHMANANDA AGED ABOUT 87 YEARS, S/O LATE ANANTHA, ANANTHA NILAYA, LOWE BENDOOR, 3^RD CROSS ROAD, MANGALORE-575 002

SMT. KRIPA AGED ABOUT 80 YEARS, D/O LATE ANANTHA, KRIPA NILAYA, PADVAINANGADY, MANGALORE-575 008

SRI SACHIDANANDA AGED ABOUT 70 YEARS, S/O LATE ANANTHA, DEVAVILAS COMPOUND UPPER BENDOOR, MANGALORE-575 002

SMT. HEMALATHA AGED ABOUT 57 YEARS, D/O INDIRA

SMT. NISHA AGED ABOUT 38 YEARS, D/O HEMALATHA

3 -

NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

SRI VINESH AGED ABOUT 36 YEARS, S/O HEMALATHA

RESPONDENTS NO.5 TO 7 ARE R/A RATHNA NILAYA, OPP. BOLAR POST OFFICE BOLAR MAIN ROAD, MANGALORE - 575 001.

SRI YASHAVANTHA AGED ABOUT 53 YEARS, S/O INDIRA,

SMT. HEERA AGED ABOUT 52 YEARS, D/O INDIRA,

SMT. REKHA AGED ABOUT 47 YEARS, D/O INDIRA,

AKANKSHA AGED ABOUT 32 YEARS, D/O HEERA ,

ANUSHA AGED ABOUT 26 YEARS, D/O HEERA,

RESPONDENTS NO.8 TO 12 ARE R/AT ADIMAYA KRIPA, MANJALKIE, ALAPE, PADIL MAIN ROAD, MANGALORE-575 007.

SRI JAGANNATHA AGED ABOUT 72 YEARS, S/O LATE SUNDARI,

SMT. PREMA AGED ABOUT 63 YEARS, D/O LATE SARASU

4 -

NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

VINUTHA

AGED ABOUT 37 YEARS, D/O PREMA

RESPONDENTS NO.13 TO 15 ARE R/AT KOPPALA, HOSAMANE, KARNIRE VILLAGE AND POST-574157 MANGALORE TALUK, D.K.

SMT. RATHNAVATHI AGED ABOUT 85 YEARS W/O LATE MOHAN

MR VASANTH KUMAR AGED ABOUT 64 YEARS

MR SUDHAKARA M AGED ABOUT 60 YEARS

MRS POORNIMA AGED ABOUT 56 YEARS

RESPONDENTS NO.17 TO 19 ARE CHILDREN OF LATE MOHAN 16 AND 19 ARE R/A PRATHIKASHA, 2/196, 2^ND ROSS, SHANTHI NAGAR, VARAMBALI VILLAGE, BRAHMAVARA - 576 123.

SRI JAYASHEELA SUVARNA AGED ABOUT 80 YEARS, S/O UGGAPPA AMIN, RESIDING AT KAPIKADU, KOIKUDE, KOKUDE VILLAGE POST, PANAJA-574232 MANGALORE TALUK, D.K.

SRI JANARDHANA AGED ABOUT 80 YEARS, ULYA HOUSE, ULYA POST-574236 KOIKUDE VILLAGE, MANGALORE TALUK,D.K.

5 -

NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

SMT.KUSUMA

AGED ABOUT 61 YEARS, W/O NARAYANA AMIN,

SRI DAYANANDA AGED ABOUT 48 YEARS,

SRI KISHORE AGED ABOUT 43 YEARS,

RESPONDENTS NO.22 TO 24 ARE R/A ASALPE VILLAGE, GHATKOPER WEST, MUMBAI - 400 084.

SMT. SUSHEELA AGED ABOUT 60 YEARS, W/O M C KOTIAN,

SRI PRASAD AGED ABOUT 41 YEARS, S/O M C KOTIAN,

PRAMILA

AGED ABOUT 39 YEARS, D/O M C KOTIAN, RESIDING AT PRASAD NILAYA, PUTTIGE VILLAGE, SAMPIGE POST, MANGALURU TALUK-574275, D.K.

NIRMALA AGED ABOUT 37 YEARS, D/O M C KOTIAN,

NOs.25 TO 28 ARE R/A "PRASAD NILAYA", PUTTIGE VILLAGE, SAMPIGE POST, MANGALURU TALUK - 574 275. D K

SMT. RAJEEVI AGED ABOUT 61 YEARS,

6 -

NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

SMT. UMAVATHI AGED ABOUT 60 YEARS,

SRI VITTALA AGED ABOUT 59 YEARS,

SMT. PADMAVATHI AGED ABOUT 57 YEARS,

SMT. LEELAVATHI AGED ABOUT 55 YEARS,

SMT. YASHODA AGED ABOUT 52 YEARS,

VIJAYA AGED ABOUT 50 YEARS,

VISHALA AGED ABOUT 48 YEARS,

VINODHARA AGED ABOUT 46 YEARS,

RESPONDENTS NO.29 TO 37 ARE THE CHILDREN OF LATE KANTHAPPA POOJARY AND ARE R/A MALURU VILLAGE-574197 MANGALURU TALUK, D K

SRI ASHOK SUVARANA AGED ABOUT 64 YEARS, S/O SOMAPPA SALIAN, RESIDING AT KOLLAKOTE HOSAMANE, IDYA, SURATHKAL 575 014 MANGALORE TALUK D K.

SMT LAXMI AGED ABOUT 65 YEARS, D/O LATE SUNDARI,

MR RAMACHANDRA AGED ABOUT 63 YEARS, S/O LATE SUNDARI,

7 - NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

MR CHANDRASHEKARA AGED ABOUT 60 YEARS, S/O LATE SUNDARI,

SMT. SUNANADA AGED ABOUT 66 YEARS, D/O LATE SUNDARI,

MR SUNDARA AGED ABOUT 68 YEARS, S/O LATE BABU,

MR RAM CHANDRA AGED ABOUT 63 YEARS, S/O LATE BABU,

MR MONAPPA AGED ABOUT 92 YEARS, S/O LATE RAMU,

MR BABU AGED ABOUT 86 YEARS, S/O LATE RAMU,

RESPONDENTS NO.39 TO 46 ARE R/A KOPPALA HOSAMANE, KARNIRE VILLAGE, AND POST - 574154, MANGALURU TALUK D K.

…RESPONDENTS

[BY SRI H SHEKHARA MADIWALA, ADVOCATE FOR C/R5 IN CP NO.1905/2024, SRI K. RAMA BHAT AND SRI RAVISHANKAR BHAT, ADVOCATE FOR R5]

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.12.2023 PASSED IN RA NO.110/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODBIDRI, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.04.2012 PASSED IN OS NO.106/2005 ON THE FILE OF CIVIL JUDGE AND JMFC, MOODBIDRI.

8 - NC: 2026:KHC:3194 RSA No. 581 of 2024

HC-KAR

THIS APPEAL IS COMING ON FOR ORDERS , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

This matter is listed for orders on non-compliance of office objections for fifth time. Despite sufficient opportunity having been granted for compliance earlier, appellants were directed to comply with office objections till closure of Court hours. However, there is no representation and office objections remained un-complied. This would indicate that appellants are not diligently pursuing appeal. Appeal is dismissed for non-prosecution.

Sd/(RAVI V HOSMANI) JUDGE

AV

List No.: 2 Sl No.: 68

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Regular Second Appeal, listed repeatedly for non-compliance of office objections, should be dismissed for non-prosecution.medium confidence¶105
The court held
Appellants did not comply with office objections despite sufficient opportunity and there was no representation, indicating they were not diligently pursuing the appeal.ratio¶105

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶99

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 20.12.2023 passed in RA No.110/2023, dismissing the appeal and confirming the judgment and decree dated 05.04.2012 passed in OS No.106/2005.¶99
Senior Civil Judge and JMFC, Moodbidri, D.K. · 20.12.2023
Prior proceeding
Suit OS No.106/2005 on the file of Civil Judge and JMFC, Moodbidri, decided by judgment and decree dated 05.04.2012 (subsequently confirmed in first appeal).¶99
Prior proceeding
First appeal RA No.110/2023 on the file of Senior Civil Judge and JMFC, Moodbidri, dismissed by judgment and decree dated 20.12.2023, confirming the trial court decree.¶99

Parties & counsel

AI extract

appellant
SMT. KAMALA J SUVARNA¶10
SRI. CHANDRANATH ARIGA K.
appellant
SMT. VEENA¶11
SRI. CHANDRANATH ARIGA K.
other
MR SANTHOSH (DIED ISSUELESS)¶12
appellant
KUM. SUREKHA¶13
SRI. CHANDRANATH ARIGA K.
appellant
KUM. SUJATHA¶14
SRI. CHANDRANATH ARIGA K.
appellant
KUM. SUCHETHA¶16
SRI. CHANDRANATH ARIGA K.
appellant
SRI GANGADHARA AMIN¶18
SRI. CHANDRANATH ARIGA K.
respondent
SMT. INDIRA SUVARNA¶26
respondent
SRI BRHMANANDA¶27
respondent
SMT. KRIPA¶28
respondent
SRI SACHIDANANDA¶29
respondent
SMT. HEMALATHA¶30
SRI H SHEKHARA MADIWALA, SRI K. RAMA BHAT, SRI RAVISHANKAR BHAT
respondent
SMT. NISHA¶31
respondent
SRI VINESH¶35
respondent
SRI YASHAVANTHA¶37
respondent
SMT. HEERA¶38
respondent
SMT. REKHA¶39
respondent
AKANKSHA¶40
respondent
ANUSHA¶41
respondent
SRI JAGANNATHA¶43
respondent
SMT. PREMA¶44
respondent
VINUTHA¶48
respondent
SMT. RATHNAVATHI¶51
respondent
MR VASANTH KUMAR¶52
respondent
MR SUDHAKARA M¶53
respondent
MRS POORNIMA¶54
respondent
SRI JAYASHEELA SUVARNA¶56
respondent
SRI JANARDHANA¶57
respondent
SMT.KUSUMA¶61
respondent
SRI DAYANANDA¶63
respondent
SRI KISHORE¶64
respondent
SMT. SUSHEELA¶66
respondent
SRI PRASAD¶67
respondent
PRAMILA¶68
respondent
NIRMALA¶70
respondent
SMT. RAJEEVI¶72
respondent
SMT. UMAVATHI¶76
respondent
SRI VITTALA¶77
respondent
SMT. PADMAVATHI¶78
respondent
SMT. LEELAVATHI¶79
respondent
SMT. YASHODA¶80
respondent
VIJAYA¶81
respondent
VISHALA¶82
respondent
VINODHARA¶83
respondent
SRI ASHOK SUVARANA¶85
respondent
SMT LAXMI¶86
respondent
MR RAMACHANDRA¶87
respondent
MR CHANDRASHEKARA¶90
respondent
SMT. SUNANADA¶91
respondent
MR SUNDARA¶92
respondent
MR RAM CHANDRA¶93
respondent
MR MONAPPA¶94
respondent
MR BABU¶95

Coram

AI extract

RAVI V HOSMANIauthor¶103

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 20 Jan 2026 · January
Registered: 30 Mar 2024
Case no.: RSA/581/2024
CNR: KAHC010196522024
Bench: Ravi V Hosmani
Disposal: Dismissed for Non-Prosecution
Case type: Regular Second Appeal

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Cite this judgement

Smt Kamala J Suvarna v. Smt Indira Suvarna, RSA/581/2024 (KA), decided on 20 January 2026.

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

Statutes1

Code of Civil ProcedureSection 100

View all statutes

Procedural history3

Judgment and decree dated 20.12.2023 passed in RA No.110/2023, dismissing the appeal and confirming the judgment and decree dated 05.04.2012 passed in OS No.106/2005.Senior Civil Judge and JMFC, Moodbidri, D.K. · 20.12.2023
Suit OS No.106/2005 on the file of Civil Judge and JMFC, Moodbidri, decided by judgment and decree dated 05.04.2012 (subsequently confirmed in first appeal).
First appeal RA No.110/2023 on the file of Senior Civil Judge and JMFC, Moodbidri, dismissed by judgment and decree dated 20.12.2023, confirming the trial court decree.

View full history

Bench / Coram

RAVI V HOSMANI

Parties & counsel