Facts
The appellants filed three miscellaneous first appeals against orders dated 9 August 2023 in O.S. No. 49/2021, by which the Principal Senior Civil Judge, Bengaluru Rural District, rejected applications for temporary injunction under Order XXXIX Rules 1 and 2 CPC
Source reference: pp. 6, 11, 16On final hearing, the High Court considered the appeals’ maintainability under Section 19(1) of the Karnataka Civil Courts Act, 1964, in light of a Division Bench decision subsequently affirmed by the Supreme Court
Source reference: p. 17Issues
1. Whether the appeals were maintainable before the High Court under Section 19(1) of the Karnataka Civil Courts Act, 1964
Source reference: p. 172. If not, whether the matters should be transferred to the competent appellate court for adjudication from the stage already reached
Source reference: p. 17Law Applied
The Court applied Section 19(1) of the Karnataka Civil Courts Act, 1964, as interpreted in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588/2024 c/w W.A. No. 200260/2025, decided on 8 July 2026.
Source reference: p. 17It noted that the Division Bench decision had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026, and held that the appeals were not maintainable before the High Court
Source reference: p. 17The judgment does not set out the provision’s detailed interpretation.
Source reference: p. 17Reasoning
Applying Section 19(1) and the cited, Supreme Court-affirmed precedent, the Court concluded that these appeals were not maintainable before it
Source reference: p. 17Rather than determine the injunction disputes, it directed transfer of the records to the Principal District and Sessions Judge for assignment to the competent appellate court. It expressly left the merits and all parties’ contentions open
Source reference: pp. 17–18Holding
The High Court held the appeals not maintainable before it and disposed of them for statistical purposes
It directed the Registry to transfer the complete records, including any pending applications, to the concerned Principal District and Sessions Judge for assignment to the competent appellate court, which would consider the matters from the stage at which they had stopped
Source reference: p. 18The parties were directed to appear before that court on 26 October 2026, and no view was expressed on the merits
Source reference: p. 18Acts & Sections Cited
2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
KARNATAKA CIVIL COURTS ACT, 19641
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HILL CREST APARTMENT OWNERS ASSOCIATIONvsSUADELA CONSTRUCTIONS PRIVATE LIMITED
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