Appellate courts have co-extensive powers to grant interim relief, even if the original suit is dismissed

Supreme Court Overturns High Court Ruling: Appellate Courts Can Grant Interim Relief Despite Suit Dismissal In a landmark judgment, the Supreme Court clarifies that appellate courts possess the power to grant interim relief in appeals, even if the original suit was dismissed.

In a significant ruling dated November 18, 2025, the Supreme Court of India has set aside a decision by the High Court of Gujarat, clarifying the powers of appellate courts in granting interim relief during appeals. This judgment comes in the case of Mohammadhanif Mohammadibrahim v. Pallaviben Rajendra Kumar, marking a pivotal interpretation of the Civil Procedure Code, 1908.

The Supreme Court, presided over by Justices J.B. Pardiwala and K.V. Viswanathan, addressed the legal conundrum surrounding the denial of interim relief by the appellate court in a situation where the original suit had been dismissed. The case involved the dismissal of Special Civil Suit No. 1035 of 1999, which led the appellants to file Regular Civil Appeal No. 205 of 2024. The appellants sought interim relief to maintain the status quo pending the appeal's final resolution, which was initially denied by both the appellate court and the High Court.

The Supreme Court's judgment underscored the principle that an appeal is a continuation of the original suit, granting appellate courts co-extensive powers to issue interim relief to prevent irreparable harm and preserve the status quo. The ruling emphasized that the dismissal of a suit does not preclude the appellate court from independently assessing applications for interim relief, based on well-established legal principles such as prima facie case, irreparable injury, and balance of convenience.

The Court criticized the lower courts for their reliance on Order 41, Rule 5 of the Civil Procedure Code, 1908, which primarily applies to stays on the execution of decrees, not interim relief. It clarified that interim relief serves to ensure proceedings are not rendered infructuous and aims to prevent irreparable harm during the pendency of the appeal.

The Supreme Court's decision mandates the District Court to reconsider the application for interim relief afresh, within two months, ensuring a judicial examination based on merits and legal principles. The interim order passed by the Supreme Court will remain effective until the District Court's reconsideration.

Legal experts view this judgment as reinforcing the discretionary powers of appellate courts, emphasizing their role in independently evaluating the merits of interim relief applications, irrespective of the original suit's outcome. This decision is expected to impact future cases where interim relief is sought during appeals, providing clarity on the appellate courts' authority.

Bottom Line:

Appellate courts have co-extensive powers to grant interim relief, even if the original suit is dismissed, and must independently consider applications for interim relief based on established legal principles.

Statutory provision(s): Civil Procedure Code, 1908, Order 41, Rule 5; Civil Procedure Code, 1908, Section 96

Mohammadhanif Mohammadibrahim v. Pallaviben Rajendra Kumar, (SC) : Law Finder Doc Id # 2812317