Karnataka High Court
Civil Procedure and EvidenceCivil Law

Section 19(1) assigns the appeal to the District Court, not the High Court.

SRI D P MURALIRAJA vs SMT. A P GAYATHRI

Karnataka High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
Section 19(1) assigns the appeal to the District Court, not the High Court.. SRI D P MURALIRAJA vs SMT. A P GAYATHRI. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant filed an appeal under Order XLIII Rule 1(r) CPC challenging the order dated 4 April 2026 on I.A. No. 1 in O.S. No. 369/2023, passed by the Principal Senior Civil Judge and JMFC, Devanahalli

Source reference: p. 7

The High Court considered the appeal’s maintainability under Section 19(1) of the Karnataka Civil Courts Act, 1964, in light of a Division Bench decision affirmed by the Supreme Court

Source reference: p. 8
02

Issues

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

Source reference: p. 8

2. Whether the appeal and any pending applications should be transferred to the competent appellate court for adjudication

Source reference: pp. 8–9
03

Law Applied

Section 19(1) of the Karnataka Civil Courts Act, 1964, governed the forum competent to hear the appeal.

Source reference: p. 8

The Court relied on the Division Bench judgment 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 was affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026

Source reference: p. 8

The judgment does not set out the provision’s detailed test; it applies the cited authorities to conclude that this appeal was not maintainable before the High Court.

Source reference: p. 8
04

Reasoning

Applying Section 19(1) and the cited Division Bench decision, as affirmed by the Supreme Court, the High Court concluded that it was not the competent forum to adjudicate the appeal

Source reference: p. 8

Rather than decide the challenge to the trial court’s order on its merits, it directed transfer of the record to the Principal District and Sessions Judge for assignment to the appellate court having jurisdiction.

Source reference: pp. 8–9

Any pending applications were also to be transferred, with the merits and parties’ contentions left open

Source reference: pp. 8–9
05

Holding

The High Court held that the appeal was not maintainable before it and disposed of it for statistical purposes

It directed the Registry to transfer the complete record, including any pending applications, to the concerned Principal District and Sessions Judge for assignment to the competent appellate court.

Source reference: p. 9

The parties were directed to appear before the District Judge on 27 October 2026, without further notice; no view was expressed on the merits

Source reference: p. 9
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

KARNATAKA CIVIL COURTS ACT, 19641

Karnataka High Court

Original Court PDF

SRI D P MURALIRAJAvsSMT. A P GAYATHRI

Karnataka High Court · September 24, 2026

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