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Rajasthan HC: Stay of Civil Suit Doesn't Bar Trial Court from Temporary Injunction Decisions

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Summary

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  • The Rajasthan High Court has clarified that a stay on a civil suit does not prevent the Trial Court from deciding a pending temporary injunction application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.
  • Justice Sanjeet Purohit emphasized that such applications are interlocutory and aimed at preserving rights while the main suit is adjudicated.
  • The Court upheld the Trial Court's decision to proceed with the injunction application, stating it does not conflict with the stay order on the original suit.
  • This ruling reinforces the distinction between main proceedings and collateral applications, potentially impacting how similar cases are handled in the future.

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