JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] On 1 July 2020 Nusa Etika Sdn Bhd ("the plaintiff") filed this originating summons dated 1 July 2020 seeking an order that the land held under Geran Mukim 1109, Lot 2985, Mukim 12, Daerah Seberang Perai Utara, Pulau Pinang ("the land") which is presently held under a co-proprietorship with 29 other persons be partitioned pursuant to subsection 145(1) of the National Land Code 1965 and for consequential orders therefrom. For convenience and brevity hereinafter all sections refer to the 1965 unless stated otherwise.

[2] The plaintiff also sought an injunction to restrain the defendants from interfering with the plaintiff's efforts to obtain an order for partition of the land until the instant application is determined by this Court. In view of the manner in which the hearing of the instant application proceeded and was concluded the injunction sought was of no utility and therefore did not arise to be considered.

[3] Only the 9th, 14th and 26th defendants of the 29 defendants appeared and participated in the proceedings through counsel. The other defendants did not appear although they had been served with the cause papers.

[4]