Karnataka HC Transfers Jayamma’s Injunction Appeals To District Court, Keeps Interim Order In Force Pending Applications

Jayamma filed two appeals under Order XLIII Rule 1(r) CPC against the trial court’s order dated 17 October 2022 rejecting applications for temporary injunction under Order XXXIX Rules 1 and 2 CPC in O.S. No. 802/2021.

The High Court considered whether it could hear those appeals and, referring to Section 19(1) of the Karnataka Civil Courts Act, 1964 and a Division Bench decision affirmed by the Supreme Court, held that they were not maintainable before it.

Section 19(1) of the Karnataka Civil Courts Act, 1964, as applied in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588/2024 c/w W.A. No. 200260/2025 (8 July 2026), affirmed by the Supreme Court in SLP(C) No. 025075/2026 (3 August 2026), governed the forum competent to hear these appeals.

The High Court relied on those authorities to conclude that the appeals were not maintainable before it.

Applying Section 19(1) and the cited decisions, the Court found that it was not the proper forum to determine the appeals.

It therefore directed transfer of the records to the Principal District and Sessions Judge for assignment to the competent appellate court, rather than deciding the injunction dispute.

The Court expressly left the merits and the parties’ contentions open.

It directed the Registry to transfer the records and any pending applications to the concerned District Court for assignment and adjudication; the matters were listed before that court on 3 December 2026.

Any interim order granted by the High Court was to continue until disposal of the application before the District Court, without the High Court expressing an opinion on the merits.