Karnataka HC Transfers Injunction Appeal To District Court, Finds It Not Maintainable Under Civil Courts Act

The appellant challenged the trial court’s order dated 2 May 2025 dismissing her application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 CPC in O.S. No. 876/2023.

The appeal was filed under Order XLIII Rule 1(r) CPC.

The High Court considered whether it could entertain the appeal under Section 19(1) of the Karnataka Civil Courts Act, 1964.

The Court relied on Section 19(1) of the Karnataka Civil Courts Act, 1964, and 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 the Supreme Court affirmed in SLP(C) No. 025075/2026 on 3 August 2026.

Applying these authorities, the Court held that this appeal was not maintainable before it.

The judgment does not set out the authorities’ reasoning or further explain the statutory rule.

The Court determined that Section 19(1), as applied in the cited Division Bench decision affirmed by the Supreme Court, precluded it from hearing the appeal.

It therefore declined to decide the merits and considered transfer appropriate so the competent appellate court could take up the matter from the stage at which proceedings had stopped.

It directed the Registry to transfer the complete record to the Principal District and Sessions Judge for assignment to the competent appellate court.

Any pending applications were also to be transferred; the parties’ rights and contentions on the merits were left open.

The parties were directed to appear before the District Judge on 4 December 2026, and the existing interim order was to continue until further orders of the District Judge.