Abdul Malik Ishak J:

[1] This was an application for a stay of execution of the order made by me on 12 June 1995 pending the disposal of the appeal to the Court of Appeal. In monetary terms, this case chalked up a figure of RM25,892,000 being the acquisition award which the Land Administrator had to deposit in Court vide an ex parte order dated 24 May 1995, a move sanctioned by s 29 of the Land Acquisition Act 1960. By a vesting order made by me, the colossal figure of RM25,892,000 was vested in Raja Zainal Abidin and this was the sore point which brought about this application.

[2] Madam Wu Shu Chen, the sole executrix of the estate of Goh Keng How, affirmed an affidavit on 8 July 1995 and there, inter alia, she voiced her fear that Raia Zainal Abidin will dissipate that sum once that sum was released to him. Mr Robert Lazar, the learned Counsel for the applicant, pointed out that the appeal was filed on 15 June 1995 an he drew my attention to the merits of the appeal and the special circumstances that ought to warrant a stay.

[3] It is now trite that an appeal does not operate automatically as a stay of execution. This is clearly borne out by both s 73 of the Courts of Judic