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2025 MarsdenLR 2094

HIGH COURT MALAYA SHAH ALAM
NG CHOK LING – Appellant
Versus
ABDUL GAFFAR KHAN AMIRULLAH – Respondent


Petitioner Advocates:Caryn Shua ,Respondent Advocate: Adnan Seman @ Abdullah

Table of Content
1. overview of the case initiation and plaintiff's appeal (Para 1 , 2)
2. parties involved and properties in dispute (Para 3 , 4 , 5)
3. claims and orders sought by the plaintiff (Para 6)
4. issues for trial outlined (Para 8)
5. court's findings on the evidence and admissions (Para 9 , 10 , 11 , 12 , 13)
6. arguments regarding proper procedures and defenses (Para 14 , 15)
7. legal powers of the local authority over buildings (Para 28 , 29)
8. statutory prohibition on unauthorized erections (Para 31 , 32)
9. local authorities’ role and judicial non-interference (Para 59 , 60)
10. court's inherent power to prevent injustice (Para 80 , 81)
11. final decision and orders issued by the court (Para 95)
Hazizah Kassim JC:

A. Introduction

[1] This case has been resolved through a full trial scheduled from 24 to 26 February 2025.

[2] On 19 May 2025, I allowed part of the plaintiff's claim against the defendant. Dissatisfied with the ruling, the plaintiff appealed against that part of the decision.

B. Material Facts

[3] The plaintiff and the defendant are neighbours residing in the Tropicana Indah Resort Homes, Petaling Jaya.

[4] The plaintiff is the registered owner of a property known as No

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