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2024 MarsdenLR 4084

HIGH COURT MALAYA KUALA LUMPUR
GNASEGARAN PALANI & ORS – Appellant
Versus
RAMESH @ MUTHU NALLAYAN – Respondent


Petitioner Advocates:Joseph Mathews P M Mathews ,Respondent Advocate: Nilam Bala S Jaganath

JUDGMENT

Roz Mawar Rozain JC:

Enc 11 - Defendant's Application To Strike Out The Plaintiffs' Claim

[1] The Plaintiffs filed this suit to seek orders of grave nature from this Court . They sought a declaration that the will of one Nallayan a/l Ramasamy, their friend who was the father of the Defendant, (the Deceased) is null and void. Consequent to that, they sought the following orders amongst others, which this Court listed in a more comprehensible fashion as follows:

(a) The Deceased did not have locus standi and the right to will 5/6 of the shop lot under the title PN49472 Lot 21604, Mukim Setapak, Kuala Lumpur (the property);

(b) The sale and purchase agreement dated 13 March 1996 between the Deceased and the Plaintiffs (the agreement) that documented the Plaintiffs' sale of their respective 1/6 share in the property to the Deceased was void, unenforceable, and had lapsed in 1996;

(c) The Deceased only held 1/6 of the property;

(d) The Plaintiffs respectively hold 1/6 of the property;

(e) The list of assets and liabilities of the Deceased's estate submitted by the Defendant in Suit WA-32NCvC-856-05/2017 (the Grant of Probate proceedings) was not in order and void, misleading which t


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