Karnataka HC Transfers 2020 Injunction Appeal To District Court, Finds High Court Appeal Not Maintainable

The appellants filed an appeal under Order XLIII Rule 1(r) CPC against the Additional Senior Civil Court, Bengaluru Rural District’s order dated 28 November 2019, which had dismissed their application under Order XXXIX Rules 1 and 2 read with Section 151 CPC in O.S. No. 2027/2014

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

Section 19(1) of the Karnataka Civil Courts Act, 1964 was applied as the statutory basis for determining the proper forum for the appeal.

The Court relied on the Division Bench judgment in Smt. Narayanamma v. The State of Karnataka, W.P. No. 17588/2024 c/w W.A. No. 200260/2025, dated 8 July 2026, which had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026

The appeal challenged the rejection of an interim-injunction application, but the Court concluded that Section 19(1), as applied in the cited Division Bench judgment affirmed by the Supreme Court, precluded it from adjudicating the appeal

It therefore directed transfer of the record to the Principal District and Sessions Judge for assignment to the competent Appellate Court. The High Court expressly left the merits and parties’ contentions open

It directed the Registry to transfer the entire record, including any pending applications, to the concerned Principal District and Sessions Judge for assignment to the competent Appellate Court.

No view was expressed on the merits, and all rights and contentions were left open