Slug: Easing early disposal
CH NEWS
BENGALURU
In a significant move aimed at reducing the mounting backlog of civil litigation, the Karnataka High Court has upheld amendments empowering district courts to hear first appeals in civil cases, instead of such matters being filed directly before the High Court.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha upheld the constitutional validity of the Karnataka High Court (Amendment) Act, 2023 and the Karnataka Civil Courts (Amendment) Act, 2023, observing that decentralising appellate jurisdiction would help ensure quicker and more accessible justice.
The judgment came while dismissing petitions filed by Baburao of Raichur and others, who had challenged the constitutional validity of the amendments and sought to quash an earlier order passed by a single judge in related proceedings.
With the ruling, first appeals against judgments and decrees passed by senior civil judges in districts and taluks will now be heard by the respective district courts. Until now, such appeals were filed directly before the High Court.
However, the Bench clarified that appeals arising from the Bengaluru City Civil Court will continue to be heard by the principal bench of the High Court, as per the existing practice.
The court observed that thousands of first appeals are currently pending before the principal bench in Bengaluru and the Dharwad and Kalaburagi benches. By transferring jurisdiction to district courts, nearly 200 district-level courts across Karnataka will now be available to hear these appeals, significantly easing the burden on the High Court.
The Bench noted that if justice is to be delivered closer to citizens, decentralisation of appellate jurisdiction is essential. The amendments, it said, would strengthen the justice delivery system by allowing litigants to pursue appeals in their respective districts instead of approaching the High Court.
The Division Bench, however, struck down Section 4 of the amendment, which had sought retrospective implementation of the law from 2007. It held that cases already finally decided by the High Court would not be reopened or transferred.
Only first appeals that are presently pending before the High Court will be shifted to the respective district courts in accordance with the amended law.
The ruling is expected to accelerate disposal of civil appeals, improve access to justice and enable the High Court to focus on more complex constitutional and legal matters while strengthening the role of district courts in the state’s judicial system.