Facts
The appellant challenged the trial court’s order dated 4 March 2025 rejecting his application under Order XXXIX Rules 1 and 2 CPC in O.S. No. 930/2024.
Source reference: p.7He brought the appeal under Order XLIII Rule 1(r) CPC before the Karnataka High Court.
Source reference: p.7The High Court considered whether it could hear the appeal and, finding it not maintainable, directed that the record be transferred to the appropriate District Court.
Source reference: p.8–9Issues
1. Whether the appeal under Order XLIII Rule 1(r) CPC was maintainable before the High Court in view of Section 19(1) of the Karnataka Civil Courts Act, 1964.
Source reference: p.82. Whether the matter should be transferred to the competent appellate court for adjudication.
Source reference: p.8–9Law Applied
The Court applied Section 19(1) of the Karnataka Civil Courts Act, 1964.
Source reference: p.8The Court relied on the Division Bench decision in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588 of 2024 (GM-RES) c/w W.A. No. 200260 of 2025 (GM-RES), dated 8 July 2026, which had been affirmed by the Supreme Court in SLP(C) No. 025075/2026, dated 3 August 2026.
Source reference: p.8The judgment applies these authorities to conclude that this appeal was not maintainable before the High Court; it does not set out a broader account of the statutory rule.
Source reference: p.8Reasoning
The High Court concluded that Section 19(1), as applied in the cited Division Bench decision affirmed by the Supreme Court, precluded it from entertaining the appeal.
Source reference: p.8Rather than decide the merits of the challenge to the trial court’s order, it directed transfer of the record so the competent appellate court could adjudicate the matter from the stage at which it had stopped.
Source reference: p.8–9The Court expressly left the parties’ rights and contentions open.
Source reference: p.9Holding
The appeal was held not maintainable before the High Court and disposed of for statistical purposes.
The Registry was directed to transfer the record, including any pending applications, to the Principal District and Sessions Judge for assignment to the appellate court having jurisdiction.
Source reference: p.9No opinion was expressed on the merits.
Source reference: p.9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
KARNATAKA CIVIL COURTS ACT, 19641
Original Court PDF
SRI NAGARAJU N VvsSMT. NAGARATHNMMA,
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
