Ong Chee Kwan J:

Introduction

[1] The 3 rd Defendant ("D3") is one for three guarantors who had executed guarantees for various loans extended by the Plaintiff to the 1 st Defendant ("D1").In addition to the guarantees, a propertylocated at Damansara Heights was also charged to the Plaintiff as security.

[2] The Plaintiff has commenced this civil action against D1 and the guarantors. At the same time, the Plaintiff also commenced foreclosure proceedings against the charged property.

[3] Enclosure 10 is the application filed by D3 for a stay of the present proceedings against him until the disposal of the foreclosure proceedings. Specifically, D3 sought for the following order:

"that all further proceedings in this civil suit be stayed until the land held under H.S. (D) 32344, P.T. No 1140, Mukim Kuala Lumpur, District of Kuala Lumpur, Federal Territory of Kuala Lumpur is sold by a Court-sanctioned Public Auction, pursuant to an application by the Plaintiff for an Order for the sale of the said land charged to the Plaintiff under s 256 of the National Land Code, 1965 or sold by other means, and the sale proceeds paid to the Plaintiff "

[4] After hearing oral submission