JUDGMENT : H.G.RAMESH, J. 1. Heard the learned counsel appearing for the appellant on the objection raised by the Registry regarding maintainability of this appeal presented under Order XLIII Rule 1(r) of CPC. 2. The appellant in Regular Appeal No.43/2015, pending before the Court of the Principal Senior Civil Judge, Udupi, has presented this appeal. This appeal is directed against an interlocutory order dated 05.12.2015 passed by the aforesaid Court rejecting I.A.No.5 filed by him under Order 39 Rules 1 & 2 of CPC in the appeal in R.A.No.43/2015. 3. In my opinion, Section 104(2) of CPC will not bar an appeal under Order 43 Rule 1(r) of CPC against an order passed in exercise of the power under Order 39 Rules 1 & 2 of CPC, if it is not passed in an appeal presented under Section 104 of CPC. 4. It is relevant to state that the interlocutory order impugned in this appeal is an order passed in exercise of the power under Order 39 Rules 1 & 2 of CPC in a Regular appeal presented under Section 96 of CPC and not in an appeal presented under Section 104 of CPC. Hence, this appeal is not barred under Section 104(2) of CPC. 5. However, the appellant ought to have presented this appeal before the jurisdictional District Court in view of Section 19 of the Karnataka Civil Courts Act, 1964 (‘the Act’) as it is stated that the value of the subject matter of the original suit does not exceed Rs.10,00,000/-. Section 19 of the Act reads as follows: “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. (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; (2) to the High Court, in other cases.” 6. At this stage, learned counsel appearing for the appellant seeks return of the appeal papers with liberty to the appellant to present the appeal before the jurisdictional District Court within six weeks from today. Leave and liberty sought for is granted. Registry shall return the appeal papers to the appellant’s counsel to enable the appellant to present the appeal before the jurisdictional District Court within six weeks from today. Leave and liberty sought for is granted. Registry shall return the appeal papers to the appellant’s counsel to enable the appellant to present the appeal before the jurisdictional District Court within six weeks from today. The appeal and I.A.No.1/2016 stand disposed of accordingly. Appeal disposed of.