Karnataka HC Sends Appeal Against Temporary-Injunction Refusal To District Court, Finding MFA Not Maintainable Under Civil Courts Act

The appellants filed an appeal under Order XLIII Rule 1(r) CPC challenging the II Additional Senior Civil Judge and CJM, Mysuru’s order dated 20 February 2025 rejecting their application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 CPC in O.S. No. 631/2024.

The High Court considered whether it could entertain the appeal in light of Section 19(1) of the Karnataka Civil Courts Act, 1964 and a Division Bench decision later affirmed by the Supreme Court.

The Court relied on Section 19(1) of the Karnataka Civil Courts Act, 1964, and 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, which had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

The judgment does not set out the provision’s detailed operation or the precedent’s reasoning; it applies them as establishing that this appeal was not maintainable before the High Court.

Applying Section 19(1) and the cited, Supreme Court-affirmed precedent, the Court concluded that the appeal was not maintainable before it.

Rather than determine the merits, it directed that the record be transferred to the Principal District and Sessions Judge, who could assign the matter to the appellate court having jurisdiction, including any pending applications.

It directed the Registry to transfer the complete record to the concerned Principal District and Sessions Judge for assignment to the competent appellate court, and directed that any pending applications be transferred for consideration in accordance with law.

The Court made no observations on the merits and left the parties’ rights and contentions open; the matter was listed before the District Court on 30 November 2026.