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Bombay High Court

KOLHAPUR MUNICIPAL CORPORATION, THROUGH COMMISSIONER AND ANRversusKOLHAPUR ZILLA VYAPARI AND UDYOJAK MAHASANGH, THROUGH SADANAND S. KORGAVKAR AND ORS

Disposal
Disposed Off

Holding

An interim injunction cannot survive the dismissal of the underlying suit for default and is therefore vacated.

Summary

The Kolhapur Municipal Corporation filed a writ petition challenging an interim injunction that had been granted in a civil suit (Regular Civil Suit No.345 of 2011) against the Kolhapur Zilla Vyapari and Udyojak Mahasangh. The trial court had dismissed the suit for default on 2 February 2023. The High Court noted that because the suit was dismissed, there was no substantive claim left to support the injunction. Consequently, the court disposed of the petition and vacated any interim or ad‑interim relief that had been previously granted. The order reflects the principle that an injunction cannot survive the dismissal of the underlying suit.

Issues considered

  • What is the effect of a default dismissal of the substantive suit on a previously granted interim injunction?

Subjects

  • interim injunction
  • default judgment
  • civil suit dismissal
  • vacated relief
  • high court writ petition

Judgment

                                                                                 19-WP-11340-2012.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR

                                              CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.11340 OF 2012
           Digitally signed by
SHAILAJA   SHAILAJA
           SHRIKANT
SHRIKANT   HALKUDE        Kolhapur Municipal Corporation through
HALKUDE    Date: 2026.02.02
           18:52:14 +0530 Commissioner, Kolhapur and another         ...   Petitioners
                                versus
                          Kolhapur Zilla Vyapari and Udyojak
                          Mahasangh, through Sadanand S.
                          Korgavkar and others                       ...   Respondents
                                                            ***
                          Mr. Ajayraje Nimbalkar i/b Mr. S.S. Patwardhan, for Petitioners.
                                                            ***

                                                              CORAM :         M.M. SATHAYE, J.

                                                             DATE       :     2nd FEBRUARY, 2026
                          P.C:

                          1.     Learned Counsel for the Petitioners has placed on record a copy
                          of order dated 2nd February, 2023 by which the subject-matter suit
                          (Regular Civil Suit No.345 of 2011) is dismissed for default by the Trial
                          Court. Copy of order dated 2 nd February, 2023 is taken on record and
                          marked “X” for identification.
                          2.     This petition is filed challenging the order of interim injunction
                          passed in the said suit.
                          3.     Considering the fact that the suit itself is dismissed for default,
                          nothing survives in the petition for consideration and the same is
                          accordingly disposed of.
                          4.     Interim / Ad-interim relief, if any granted earlier, stands vacated.



                                                                            [M.M. SATHAYE, J.]




                          shailaja                             1


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