Karnataka HC Transfers Appeal Against Rejected Injunction Plea To District Court, Finding It Unmaintainable Under Civil Courts Act

The appellant filed an appeal under Order XLIII Rule 1(r) CPC challenging the Principal Senior Civil Judge and CJM, Ramanagara’s order dated 14 December 2022 rejecting his application for temporary injunction under Order XXXIX Rules 1 and 2 CPC in O.S. No. 263/2022.

The High Court considered the appeal’s maintainability and directed transfer of the matter to the competent District Court.

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, governed the appeal’s forum and maintainability; that decision had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

The Court treated those authorities as establishing that this appeal was not maintainable before the High Court and could be transferred to the competent District Court.

Applying Section 19(1) and the cited Division Bench decision, as affirmed by the Supreme Court, the High Court concluded that the appeal was not maintainable before it.

It therefore ordered transfer of the record to the Principal District and Sessions Judge for assignment to the appellate court with jurisdiction, without expressing any view on the merits of the injunction dispute.

The Court left all merits and contentions open and directed the parties, who were represented before it, to appear before the District Judge on 4 December 2026 without awaiting further notice.