Karnataka HC Transfers Appeal Against Rejected Injunction Plea To District Court Under Civil Courts Act Ruling Supreme Court Affirmed

The appellants filed an appeal under Order XLIII Rule 1(r) read with Section 151 CPC, challenging the rejection of their application for temporary injunction under Order XXXIX Rules 1 and 2 CPC in O.S. No. 44/2015 by the Additional Senior Civil Judge and JMFC, Magadi.

The High Court considered the appeal’s maintainability and directed that the matter be transferred to the competent District Court.

The Court relied on Section 19(1) of the Karnataka Civil Courts Act, 1964.

The Court relied on 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 the Supreme Court affirmed in SLP(C) No. 025075/2026 on 3 August 2026.

In light of Section 19(1) and the cited Division Bench decision, as affirmed by the Supreme Court, the Court concluded that it could not adjudicate 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 made no observation on the merits, leaving the parties’ rights and contentions open.

The Registry was directed to transfer the entire record, including any pending applications, to the Principal District and Sessions Judge for assignment to the competent appellate court, which would consider the matter in accordance with law. The matter was listed before the District Court on 4 December 2026, with all merits left open.