Bombay High Court
KOLHAPUR MUNICIPAL CORPORATION, THROUGH COMMISSIONER AND ANRversusKOLHAPUR ZILLA VYAPARI AND UDYOJAK MAHASANGH, THROUGH SADANAND S. KORGAVKAR AND ORS
- Disposal
- Disposed Off
- Bench
- M M SATHAYE
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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