Karnataka HC Transfers CPC Appeal To District Court Under Section 19(1), Continuing Interim Order Pending Further Orders

The appellant filed an appeal under Order XLIII Rule 1(r) CPC against the order dated 4 December 2025 on I.A. No. 15 in O.S. No. 155/2018, pending before the I Additional Senior Civil Judge and JMFC, Devanahalli.

The High Court considered the appeal’s maintainability under Section 19(1) of the Karnataka Civil Courts Act, 1964, in light of a Division Bench judgment that had been affirmed by the Supreme Court.

The Court applied Section 19(1) of the Karnataka Civil Courts Act, 1964, and followed the Division Bench decision in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588 of 2024 (GM-RES) c/w W.A. No. 200260 of 2025 (GM-RES), dated 8 July 2026, which was affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

Applying those authorities, the Court held that this appeal was not maintainable before it and directed that it be transferred to the competent District Court.

The appeal arose from an interlocutory order and was presented under Order XLIII Rule 1(r) CPC. The High Court concluded, by applying Section 19(1) and the cited, Supreme Court-affirmed Division Bench decision, that it lacked the proper appellate forum for adjudicating the appeal.

It therefore directed transfer of the record and any pending applications to the District Court for assignment to the competent appellate court, without expressing any view on the merits.

It directed the Registry to transfer the entire record and any pending applications to the Principal District and Sessions Judge for assignment to the competent appellate court; left all merits and contentions open; directed the parties to appear before the District Judge on 24 November 2026 without further notice; and continued the interim order until further orders of the District Judge.