Karnataka HC Sends Divya Bai’s Appeals Against Denied Injunctions To District Court Under Civil Courts Act, Leaving Merits Open

Divya Bai filed two appeals under Order XLIII Rule 1(r) CPC challenging the Senior Civil Judge and JMFC, Hoskote’s order dated 5 December 2025 rejecting her applications for temporary injunction under Order XXXIX Rules 1 and 2 CPC in O.S. No. 1056/2022 (old No. 822/2020).

The High Court considered whether it could entertain the appeals and, finding them not maintainable before it, directed transfer of the records to the concerned District 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 it noted had been affirmed by the Supreme Court in SLP(C) No. 025075/2026, dated 3 August 2026.

Applying those authorities, the Court held that these appeals were not maintainable before it.

The appeals challenged an interlocutory order rejecting applications under Order XXXIX Rules 1 and 2 CPC. The Court concluded, on the basis of Section 19(1) and the cited Division Bench decision as affirmed by the Supreme Court, that the appeals were not maintainable in the High Court.

It therefore directed that the records be sent to the Principal District and Sessions Judge for assignment to the appellate court having jurisdiction, leaving the merits and the parties’ contentions open.

It directed the Registry to transfer the complete records, including any pending applications, to the Principal District and Sessions Judge for assignment to the competent appellate court. The parties were directed to appear before the District Judge on 4 December 2026, without awaiting further notice.