Karnataka HC Transfers Two Appeals Over Rejected Injunction Pleas To District Court, Says They Are Not Maintainable Under Civil Courts Act

The appellants filed two appeals under Order XLIII Rule 1(r), read with Section 151 of the Code of Civil Procedure, challenging the trial court’s order dated 5 August 2022 in O.S. No. 1485/2021, which rejected their applications under Order XXXIX Rules 1 and 2 for temporary injunctions.

MFA No. 7320 of 2022 concerned I.A. No. 1, and MFA No. 7304 of 2022 concerned I.A. No. 2

At admission, the High Court considered whether it could hear the appeals and directed that the matters be transferred to the competent District Court

Section 19(1) of the Karnataka Civil Courts Act, 1964 was the statutory basis for the Court’s conclusion that these appeals were not maintainable before it.

The Court also relied on 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 it noted had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

The judgment does not set out further detail about the statutory rule or the precedent’s reasoning.

Applying Section 19(1) and the cited Narayanamma decision, the Court held that the appeals were not maintainable before it.

Rather than determine the merits of the challenges to the refusal of interim injunctions, it considered transfer appropriate so that the competent appellate court could adjudicate the matters from the stage at which they stood.

It expressly left all parties’ rights and contentions open.

It directed the Registry to transfer the records, including any pending applications, to the Principal District and Sessions Judge for assignment to the competent appellate court; the matters were directed to be listed before the District Court on 1 December 2026.

The Court made no observation on the merits.