Karnataka HC Transfers Injunction Appeal To District Court Under Civil Courts Act, Keeps Interim Order In Force Until Application Is Decided

The appellant filed an appeal under Order XLIII Rule 1(r) CPC challenging the Principal Senior Civil Judge and JMFC, Anekal’s order dated 29 October 2025 dismissing his application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 CPC in O.S. No. 49/2024.

The High Court held that the appeal was not maintainable before it under Section 19(1) of the Karnataka Civil Courts Act, 1964, having regard to a Division Bench decision 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. State of Karnataka, W.P. No. 17588/2024 c/w W.A. No. 200260/2025, dated 8 July 2026, which the Supreme Court affirmed in SLP(C) No. 025075/2026 on 3 August 2026.

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

The judgment does not set out the detailed statutory interpretation or the precedent’s underlying reasoning.

The Court applied the cited statutory provision and precedent to conclude that it lacked the proper appellate forum for this matter.

Rather than adjudicating the injunction dispute or dismissing 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.

The Court expressly left the parties’ rights and contentions open and made no observation on the merits.

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 interim order granted by the High Court was to continue until disposal of the application before that court; the matter was listed before the District Court on 1 December 2026.