Karnataka High Court
Civil Procedure and EvidenceCivil Law

Section 19(1) places the appeal before the competent District Court, not the High Court.

SMT.LOURDU MARY vs SRI.ANTHONY SWAMY

Karnataka High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Section 19(1) places the appeal before the competent District Court, not the High Court.. SMT.LOURDU MARY vs SRI.ANTHONY SWAMY. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellants filed an appeal under Order XLIII Rule 1(r) CPC against the trial court’s order dated 28 May 2024 dismissing their application for temporary injunction under Order XXXIX Rules 1 and 2 CPC in O.S. No. 382/2021.

Source reference: p.12

The High Court considered whether it could entertain the appeal in light of Section 19(1) of the Karnataka Civil Courts Act, 1964 and the cited Division Bench decision.

Source reference: p.13
02

Issues

1. Whether the High Court could entertain the appeal under Order XLIII Rule 1(r) CPC, having regard to Section 19(1) of the Karnataka Civil Courts Act, 1964.

Source reference: p.13

2. Whether the appeal should be transferred to the competent District Court for adjudication.

Source reference: p.13
03

Law Applied

Section 19(1) of the Karnataka Civil Courts Act, 1964 was the statutory basis for the Court’s conclusion that this appeal was not maintainable before the High Court.

Source reference: p.13

The Court relied on the Division Bench judgment in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588/2024 c/w W.A. No. 200260/2025, dated 8 July 2026, which it noted had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026.

Source reference: p.13
04

Reasoning

Applying Section 19(1) and the cited, Supreme Court-affirmed Division Bench decision, the High Court held that it could not entertain the appeal.

Source reference: p.13

Rather than decide the challenge to the trial court’s refusal of injunction, it directed transfer of the record to the Principal District and Sessions Judge for assignment to the appellate court having jurisdiction. It expressly left the merits and the parties’ contentions open.

Source reference: pp.13–14
05

Holding

The High Court held the appeal not maintainable before it and disposed of it for statistical purposes, without expressing any view on the merits.

It directed the Registry to transfer the entire record, including any pending applications, to the concerned Principal District and Sessions Judge for assignment to the competent appellate court, and directed that the matter be listed before the District Court on 2 November 2026.

Source reference: pp.13–14
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

SMT.LOURDU MARYvsSRI.ANTHONY SWAMY

Karnataka High Court · October 01, 2026

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