Karnataka HC Transfers Two Injunction Appeals To District Court, Finding High Court Appeals Not Maintainable Under Civil Courts Act

The appeals challenged the Additional Senior Civil Judge and JMFC, Anekal’s order dated 12 July 2022 allowing an application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure in O.S. No. 831/2016.

The High Court considered whether it could hear the appeals and, finding them not maintainable, directed their transfer to the competent District Court for adjudication from the stage reached.

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

On that basis, the Court held these appeals were not maintainable before it and considered transfer to the competent District Court appropriate.

Applying Section 19(1) and the cited Division Bench decision, as affirmed by the Supreme Court, the Court concluded that it could not adjudicate the appeals.

It therefore directed transfer of the records to the Principal District and Sessions Judge, who could assign them to the appellate court having jurisdiction. The Court left the merits and all parties’ contentions open.

It directed the Registry to transfer the records, including any pending applications, to the concerned Principal District and Sessions Judge for assignment to the competent appellate court. The parties were directed to appear before the learned District Judge on 2 December 2026, without awaiting further notice; no view was expressed on the merits.