Karnataka HC Transfers Five Injunction Appeals To District Court, Holds They Are Not Maintainable Under Civil Courts Act

The appeals arose from interlocutory orders in O.S. No. 36/2025 before the Senior Civil Judge and JMFC, Hoskote.

The orders concerned applications for temporary injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC), including an order granting one application and rejecting others.

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. 17588/2024 c/w W.A. No. 200260/2025, dated 8 July 2026, which it noted had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

Applying those authorities, the Court held that these appeals were not maintainable before it and should be placed before the competent District Court.

The Court concluded that Section 19(1), as applied in the cited Division Bench decision affirmed by the Supreme Court, made the appeals non-maintainable before the High Court.

Rather than deciding the interlocutory disputes on their merits, it directed that the records and any pending applications be transferred to the Principal District and Sessions Judge for assignment to the competent appellate court. It preserved the existing interim order until the District Court disposed of the relevant application, while expressly leaving the parties’ rights and contentions open.

It directed transfer of the complete records and pending applications to the concerned Principal District and Sessions Judge for assignment to the competent appellate court, with the matters to be listed before the District Court on 1 December 2026.

The High Court made no determination on the merits and ordered that its interim order continue until disposal of the application before the District Court.