The prevailing rule is that courts should avoid issuing a writ of
preliminary injunction which would in effect dispose of the main case
without trial. (Rivas v. Securities and Exchange Commission, 190 SCRA
295 [1990]; Government Service and Insurance System v. Florendo, 178
SCRA 76 [1989]; and Ortigas & Co. Ltd. Partnership v. Court of
Appeals, 162 SCRA 165 [1988]) In the case at bar, if the lower court
issued the desired writ to enjoin the sale of the properties premised on
the aforementioned justification of the petitioners, the issuance of
the writ would be a virtual acceptance of their claim that the
foreclosure sale is null and void. (See Ortigas and Co., Ltd.
Partnership v. Court of Appeals, supra). There would in effect be a
prejudgment of the main case and a reversal of the rule on the burden of
proof since it would assume the proposition which the petitioners are
inceptively bound to prove.24 (Emphasis supplied)
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