IMPORTANT POINTS
(1) Interim relief – Just because original suit came to be dismissed, that does not mean that in pending appeal, appellate court cannot grant appropriate relief as prayed for – Appeal is considered continuation of original suit, and appellate court has co-extensive power to grant appropriate interim relief.
(2) Grant of appropriate relief is a discretionary power of appellate court, and same must be exercised judicially based on well-settled principles of a prima facie case, irreparable injury and balance of convenience.

ORDER :

1. Leave granted.

2. Our order dated 13.10.2025 reads thus;-

“1. Heard Mr. Nirav Majumdar, the learned counsel appearing for the petitioners.

2. We find the impugned order prima facie a bit unusual. The Appellate Court says that since the suit has been dismissed, no interim relief can be granted in an appeal. The High Court has affirmed such finding.

3. Issue notice returnable on 10.11.2025.

4. Dasti service, in addition, is permitted.

5. Parties are directed to maintain status quo as regards the nature, character and possession of the suit property.”

3. The respondents-original defendants although served with the notice issued by this Court yet have chosen not to remain present before this Court and oppose this appeal.

4. This appeal arises from the order passed by the High Court of Gujarat dated 10.06.2025 in Special Civil Application No.7298 of 2025 by which the petition filed by the appellant herein invoking the supervisory jurisdiction of the High Court under Article 227 of the Constitution came to be dismissed, thereby affirming the order passed by the appellate court declining to grant the relief prayed for by the appellants herein pending the final disposal of the Regular First Appeal.

5. It appears from the materials on record that the appellants challenged the legality and validity of two consent decrees passed by the Civil Court on the ground of fraud by instituting two Civil Suits i.e. (1) Special Civil Suit No. 1036 of 1999 and (2) Special Civil Suit No. 1035 of 1999, respectively.

6. Insofar as the Special Civil Suit No. 1036 of 1999 is concerned, the same came to be allowed, and the consent decree challenged therein was set aside. So far as the other suit is concerned i.e. Special Civil Suit No.1035 of 1999, the same came to be dismissed.

7. The appellants herein, being dissatisfied with the dismissal of the Special Civil Suit No. 1035 of 1999, preferred Regular Civil Appeal No. 205 of 2024 in the Court of District Judge, Vadodara.

8. In the said appeal, the appellants preferred an Exhibit-5 application, praying that pending the final disposal of the First Appeal, the original defendants may be directed to maintain status quo.

9. The appellate court declined to grant the relief as prayed for, saying that as the suit had stood dismissed thereby declining to grant the declaration as prayed for therein, no question of seeking any interim relief in the First appeal in the form of status quo till its final disposal would arise. The relevant observations made by the first appellate court below Exhibit- 5 read thus:

“In view of the above provision, the facts of the present case are that the claim made by the appellants in the above details has been rejected by the trial court. Thus, the order passed in the suit is not to be executed and the appellants are not adversely affected because the suit filed by the appellants has been rejected. The suit is not to be executed, therefore, there is no possibility of any substantial loss to the appellants. Thus, since this application lacks the elements mentioned in C.P.C. Order 41 Rule 5, the order mentioned in the said provision cannot be made...”

10. We are constrained to observe that the translation provided as referred to above is extremely poor and incorrect.

11. In view of the aforesaid, the appellants went before the High Court and prayed for the necessary relief. The High Court also took the same view, saying that since the suit itself had been dismissed, no question thereafter would arise for the grant of any interim relief in the appeal preferred by the appellants.

12. Para 11 of the impugned order passed by the