Karnataka HC Sends 2005 Family Partition Appeal To District Court, Finding It Not Maintainable Before High Court Under Section 19(1)

The appellants challenged the dismissal of their suit for partition and separate possession, declaration, and mesne profits by the Additional Civil Judge (Senior Division), Ramanagaram, in O.S. No. 78 of 1996.

The High Court considered the appeal’s maintainability under Section 19(1) of the Karnataka Civil Courts Act, 1964.

Section 19(1) of the Karnataka Civil Courts Act, 1964, as applied in the Division Bench decision in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588 of 2024 c/w W.A. No. 200260 of 2025, dated 8 July 2026, formed the basis for the Court’s conclusion that this appeal was not maintainable before it.

The judgment records that the Division Bench decision was affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

Applying Section 19(1) and the cited, Supreme Court-affirmed decision, the Court concluded that it could not adjudicate the appeal.

It therefore directed transfer of the case record to the Principal District and Sessions Judge, who could assign it to the competent appellate court.

The Court expressly left the merits and the parties’ contentions open.

It directed the Registry to transfer the record, including any pending applications, to the concerned District Court for assignment to the competent appellate court.

The parties were directed to appear before the District Judge on 1 December 2026; no view was expressed on the merits.