- 1 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 581 OF 2024 (PAR) BETWEEN: 1. SMT. KAMALA J SUVARNA AGED ABOUT 75 YEARS, W/O LATE JAYARAM SUVARNA 2. SMT. VEENA AGED ABOUT 50 YEARS, 3. MR SANTHOSH (DIED ISSUELESS) KUM. SUREKHA AGED ABOUT 43 YEARS, 4. KUM. SUJATHA AGED ABOUT 40 YEARS, 5. 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. 6. SRI GANGADHARA AMIN AGED ABOUT 72 YEARS S/O NARAYANA SALIAN RANALI HOUSE KARNIRE Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 VILLAGE-574 154 MANGALORE TALUK, D.K. …APPELLANTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE [ABSENT]) AND: 1. SMT. INDIRA SUVARNA W/O SHEENAPPA, AGED ABOUT 89 YEARS, RATHNA NILAYA, OPP BOLAR POST OFFIE, BOLAR MAIN ROAD, MANGALORE-575 001 2. SRI BRHMANANDA AGED ABOUT 87 YEARS, S/O LATE ANANTHA, ANANTHA NILAYA, LOWE BENDOOR, 3RD CROSS ROAD, MANGALORE-575 002 3. SMT. KRIPA AGED ABOUT 80 YEARS, D/O LATE ANANTHA, KRIPA NILAYA, PADVAINANGADY, MANGALORE-575 008 4. SRI SACHIDANANDA AGED ABOUT 70 YEARS, S/O LATE ANANTHA, DEVAVILAS COMPOUND UPPER BENDOOR, MANGALORE-575 002 5. SMT. HEMALATHA AGED ABOUT 57 YEARS, D/O INDIRA 6. SMT. NISHA AGED ABOUT 38 YEARS, D/O HEMALATHA - 3 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 7. 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. 8. SRI YASHAVANTHA AGED ABOUT 53 YEARS, S/O INDIRA, 9. SMT. HEERA AGED ABOUT 52 YEARS, D/O INDIRA, 10. SMT. REKHA AGED ABOUT 47 YEARS, D/O INDIRA, 11. AKANKSHA AGED ABOUT 32 YEARS, D/O HEERA , 12. 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. 13. SRI JAGANNATHA AGED ABOUT 72 YEARS, S/O LATE SUNDARI, 14. SMT. PREMA AGED ABOUT 63 YEARS, D/O LATE SARASU - 4 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 15. 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. 16. SMT. RATHNAVATHI AGED ABOUT 85 YEARS W/O LATE MOHAN 16. MR VASANTH KUMAR AGED ABOUT 64 YEARS 17. MR SUDHAKARA M AGED ABOUT 60 YEARS 18. 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, 2ND ROSS, SHANTHI NAGAR, VARAMBALI VILLAGE, BRAHMAVARA - 576 123. 19. SRI JAYASHEELA SUVARNA AGED ABOUT 80 YEARS, S/O UGGAPPA AMIN, RESIDING AT KAPIKADU, KOIKUDE, KOKUDE VILLAGE POST, PANAJA-574232 MANGALORE TALUK, D.K. 20. SRI JANARDHANA AGED ABOUT 80 YEARS, ULYA HOUSE, ULYA POST-574236 KOIKUDE VILLAGE, MANGALORE TALUK,D.K. - 5 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 21. SMT.KUSUMA AGED ABOUT 61 YEARS, W/O NARAYANA AMIN, 22. SRI DAYANANDA AGED ABOUT 48 YEARS, 23. SRI KISHORE AGED ABOUT 43 YEARS, RESPONDENTS NO.22 TO 24 ARE R/A ASALPE VILLAGE, GHATKOPER WEST, MUMBAI - 400 084. 24. SMT. SUSHEELA AGED ABOUT 60 YEARS, W/O M C KOTIAN, 25. SRI PRASAD AGED ABOUT 41 YEARS, S/O M C KOTIAN, 26. PRAMILA AGED ABOUT 39 YEARS, D/O M C KOTIAN, RESIDING AT PRASAD NILAYA, PUTTIGE VILLAGE, SAMPIGE POST, MANGALURU TALUK-574275, D.K. 27. 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 28. SMT. RAJEEVI AGED ABOUT 61 YEARS, - 6 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 29. SMT. UMAVATHI AGED ABOUT 60 YEARS, 30. SRI VITTALA AGED ABOUT 59 YEARS, 31. SMT. PADMAVATHI AGED ABOUT 57 YEARS, 32. SMT. LEELAVATHI AGED ABOUT 55 YEARS, 33. SMT. YASHODA AGED ABOUT 52 YEARS, 34. VIJAYA AGED ABOUT 50 YEARS, 35. VISHALA AGED ABOUT 48 YEARS, 36. 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 37. SRI ASHOK SUVARANA AGED ABOUT 64 YEARS, S/O SOMAPPA SALIAN, RESIDING AT KOLLAKOTE HOSAMANE, IDYA, SURATHKAL 575 014 MANGALORE TALUK D K. 38. SMT LAXMI AGED ABOUT 65 YEARS, D/O LATE SUNDARI, 39. MR RAMACHANDRA AGED ABOUT 63 YEARS, S/O LATE SUNDARI, - 7 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 40. MR CHANDRASHEKARA AGED ABOUT 60 YEARS, S/O LATE SUNDARI, 41. SMT. SUNANADA AGED ABOUT 66 YEARS, D/O LATE SUNDARI, 42. MR SUNDARA AGED ABOUT 68 YEARS, S/O LATE BABU, 43. MR RAM CHANDRA AGED ABOUT 63 YEARS, S/O LATE BABU, 44. MR MONAPPA AGED ABOUT 92 YEARS, S/O LATE RAMU, 45. 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 - HC-KAR NC: 2026:KHC:3194 RSA No. 581 of 2024 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