01Facts
The appellants challenged, under Order XLIII Rule 1(r) CPC, the Senior Civil Judge and JMFC, Devanahalli’s order dated 18 October 2022 dismissing their applications for temporary injunction under Order XXXIX Rules 1 and 2 CPC.
pp. 4–6The High Court considered the appeal’s maintainability and, finding it not maintainable, directed that the matter be transferred to the competent District Court for adjudication from the stage at which it stood
pp. 4–602Issues
i.1. Whether the appeal under Order XLIII Rule 1(r) CPC was maintainable before the High Court in view of Section 19(1) of the Karnataka Civil Courts Act, 1964
p. 5ii.2. Whether the appeal and any pending applications should be transferred to the competent District Court for adjudication
pp. 5–603Law Applied
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 of 2024 c/w W.A. No. 200260 of 2025, dated 8 July 2026, which the Supreme Court had affirmed in SLP(C) No. 025075/2026 on 3 August 2026.
p. 5Applying those authorities, the Court held that this appeal was not maintainable before it and should be transferred to the competent District Court.
p. 5Provisions in the judgment · 3 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 151Section 39
KARNATAKA CIVIL COURTS ACT, 1964 Section 19
04Reasoning
The appeal arose from an order on applications for temporary injunction, but the Court did not examine the merits of those applications.
pp. 5–7It held that Section 19(1), as applied in the cited Division Bench decision affirmed by the Supreme Court, made the appeal not maintainable before the High Court.
pp. 5–7It therefore directed transfer to the concerned District Court, leaving the parties’ rights and contentions open.
pp. 5–705Holding
The High Court disposed of the appeal for statistical purposes and directed the Registry to transfer the complete record, including any pending applications, to the Principal District and Sessions Judge for assignment to the competent Appellate Court.
pp. 6–7The appeal was to be listed before the District Court on 12 November 2026.
pp. 6–7The Court made no observation on the merits.
pp. 6–7Original Court PDF
SRI. B. A. NAGARAJUvsSRI. V. SEENAPPA @ SREENIVAS
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
