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. 7The 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. 8Issues
1. Whether the appeal was maintainable before the High Court under Section 19(1) of the Karnataka Civil Courts Act, 1964
Source reference: p. 82. Whether the appeal and any pending applications should be transferred to the competent appellate court for adjudication
Source reference: pp. 8–9Law Applied
Section 19(1) of the Karnataka Civil Courts Act, 1964, governed the forum competent to hear the appeal.
Source reference: p. 8The 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. 8The 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. 8Reasoning
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. 8Rather 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. 8–9Any pending applications were also to be transferred, with the merits and parties’ contentions left open
Source reference: pp. 8–9Holding
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. 9The 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. 9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
KARNATAKA CIVIL COURTS ACT, 19641
Original Court PDF
SRI D P MURALIRAJAvsSMT. A P GAYATHRI
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