Dismissed¶44

Sri L Krishnappa v. Sri L Srinivasaiah

Karnataka HC24 Jun 2026MFA/3967/2024

Case brief

AI extract

What is this about?

NC: 2026:KHC:31264; MFA No. 3967 of 2024 (CPC); High Court of Karnataka; Justice Pradeep Singh Yerur; decision dated 24-06-2026; appeal against interim injunction order dated 14.03.2024 in O.S. No. 898/2022 (II Additional Civil Judge, Bengaluru Rural District); Order 43 Rule 1(r) CPC appeal against temporary injunction granted under Order 39 Rules 1 and 2 r/w Section 151 CPC; wrong appellate forum; Section 19(1) Karnataka Civil Courts Act; ten lakh rupee jurisdictional threshold; suit valued at Rs. 1,000/- for permanent injunction; registry objection sustained; appeal lies to District Court not High Court; time spent condoned; appeal dismissed.

What did the court decide?

Appeal dismissed; liberty reserved to the appellant to file the necessary proceeding before the appropriate forum (District Court), with the time spent in this appeal condoned.

Sri L Krishnappa Vs Sri L Srinivasaiah — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed; liberty reserved to the appellant to file the necessary proceeding before the appropriate forum (District Court), with the time spent in this appeal condoned.

¶44

Issue for consideration

Whether the Miscellaneous First Appeal under Order 43 Rule 1(r) CPC against the Trial Court's order dated 14.03.2024 (allowing I.A. No. 2 under Order 39 Rules 1 and 2 r/w Section 151 CPC in O.S. No. 898/2022) is maintainable before the High Court of Karnataka, given that the value of the subject-matter of the original suit does not exceed ten lakh rupees and Section 19(1) of the Karnataka Civil Courts Act directs such appeals from a Senior Civil Judge to the District Court.

¶38

Court's answer

Since the value of the subject-matter of the original suit does not exceed Rs. 10,00,000/- (ten lakh rupees), the appeal had to be preferred before the District Court and not the High Court, in terms of Section 19(1) of the Karnataka Civil Courts Act.

¶38

Ratio / Principle

The objection raised by the Registry as to the appellate forum is sustained, and liberty is reserved to the appellant to file the necessary proceeding before the appropriate forum.

¶42

Key takeaways

The time spent by the appellant in this appeal before the High Court shall be condoned.ratio¶43

Detailed headnote1 paragraphs

Miscellaneous First Appeal No. 3967 of 2024 (CPC) under Order 43 Rule 1(r) CPC, by four appellants, against the order dated 14.03.2024 of the II Additional Civil Judge, Bengaluru Rural District, allowing I.A. No. 2 (interim injunction under Order 39 Rules 1 and 2 r/w Section 151 CPC) in O.S. No. 898/2022, a suit for permanent injunction valued at Rs. 1,000/-. The single-judge Bench held that, as the value of the subject-matter of the original suit does not exceed Rs. 10,00,000/- (ten lakh rupees), Section 19(1) of the Karnataka Civil Courts Act requires appeals from a Senior Civil Judge in such suits to lie to the District Court and not the High Court; the Registry's objection was sustained, liberty was reserved to the appellant to approach the appropriate forum, and the time spent in the appeal was condoned. Appeal dismissed.

¶1

¶2

NC: 2026:KHC:31264 MFA No. 3967 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JUNE, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.3967 OF 2024 (CPC)

¶7

BETWEEN:

¶8

SRI L. KRISHNAPPA S/O. LATE LENKAPPA AGED ABOUT 76 YEARS

¶9

SRI K. VARUNENDRA S/O. KRISHNAPPA L. AGED ABOUT 45 YEARS

¶10

SRI K. BRUNGESH S/O. L. KRISHNAPPA AGED ABOUT 42 YEARS

¶11

SRI K. MANJUNATHA S/O. L. KRISHNAPPA AGED ABOUT 39 YEARS

¶12

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

¶13

Location: HIGH COURT OF KARNATAKA

¶14

ALL ARE RESIDING AT VADERAHALLI VILLAGE THATHAGUNI POST, B. M. KAVAL KENGERI HOBLI BENGALURU SOUTH TALUK

¶15

…APPELLANTS

¶16

(BY SRI THIMMANNA, ADVOCATE)

¶17

AND:

¶18

SRI L. SRINIVASAIAH S/O. LATE LENKAPPA AGED ABOUT 73 YEARS

¶19

2 - NC: 2026:KHC:31264 MFA No. 3967 of 2024

¶20

HC-KAR

¶21

PRESENTLY R/AT NO.27 R. K. LAYOUT, III STAGE 14^TH MAIN, PADMANABHANAGARA BENGALURU-560 070

¶22

…RESPONDENT

¶23

(BY SRI M. VEERABHADRAIAH, ADVOCATE FOR C/R ON I.A. NO.2)

¶24

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.03.2024 PASSED ON I.A. NO. 2 IN O.S.NO. 898/2022 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING I.A. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

¶25

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

¶27

ORAL JUDGMENT

¶28

Learned counsel for the appellants has questioned the order passed by the Trial Court on the application filed under order XXXIX Rule 1 and 2 of CPC wherein the suit is

¶29

filed for permanent injunction. The suit is valued at Rs.1,000/-. As per Section 19(1) of the Karnataka Civil

¶30

3 - NC: 2026:KHC:31264 MFA No. 3967 of 2024

¶31

HC-KAR

¶32

Courts Act, any appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings in a civil nature shall, when such appeals are allowed by law, lie, to the District Court, when the amount

¶33

or value of the subject-matter of the original suit or proceeding does not exceed ten lakh rupees.

¶34

" 19. Appeals from Senior Civil Judge. — Appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,—

¶35

(1) to the District Court, when the amount or value of the subject-matter of the original suit or proceeding does not exceed ten lakh rupees;

¶36

(2) to the High Court, in other cases".

¶37

2. In the present suit, the value of the subject

¶38

matter of the original suit does not exceed Rs.10,00,000/-. Therefore, the appeal would have to be preferred before the District Court.

¶39