Karnataka High Court
Civil Procedure and EvidenceCivil Law

Order XLIII appeals from Senior Civil Judge orders lie before the District Court, not the High Court.

HILL CREST APARTMENT OWNERS ASSOCIATION vs SUADELA CONSTRUCTIONS PRIVATE LIMITED

Karnataka High CourtJUDGMENT: September 22, 20262 MIN READSOURCE JUDGMENT
Order XLIII appeals from Senior Civil Judge orders lie before the District Court, not the High Court.. HILL CREST APARTMENT OWNERS ASSOCIATION vs SUADELA CONSTRUCTIONS PRIVATE LIMITED. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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, 16

On 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. 17
02

Issues

1. Whether the appeals were maintainable before the High Court under Section 19(1) of the Karnataka Civil Courts Act, 1964

Source reference: p. 17

2. If not, whether the matters should be transferred to the competent appellate court for adjudication from the stage already reached

Source reference: p. 17
03

Law 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. 17

It 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. 17

The judgment does not set out the provision’s detailed interpretation.

Source reference: p. 17
04

Reasoning

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. 17

Rather 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. 17–18
05

Holding

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. 18

The parties were directed to appear before that court on 26 October 2026, and no view was expressed on the merits

Source reference: p. 18
06

Acts & 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

Karnataka High Court

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HILL CREST APARTMENT OWNERS ASSOCIATIONvsSUADELA CONSTRUCTIONS PRIVATE LIMITED

Karnataka High Court · September 22, 2026

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