Karnataka HC Transfers CPC Appeal To District Court, Finding It Not Maintainable Under Civil Courts Act Section 19(1)

The appellants filed an appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, seeking to set aside an order dated 24 March 2023 in O.S. No. 30/2022 and to have I.A. No. 2 allowed

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 subsequently 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. The 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

Applying those authorities, the Court concluded that this appeal was not maintainable before it

The Court held that Section 19(1), as applied in Narayanamma and affirmed by the Supreme Court, precluded it from entertaining the appeal

Rather than determine the appeal on its merits, it directed transfer of the record to the Principal District and Sessions Judge for assignment to the competent appellate court, which would consider any pending applications in accordance with law

The Court expressly left the parties’ rights and 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.

The parties were directed to appear before the District Judge on 30 November 2026, without awaiting further notice; no view was expressed on the merits