JUDGMENT

Aziah Ali J:

[1] On 23 June 2006 the plaintiff filed an originating summons for an order for sale of three parcels of land known as H.S (D) 5460 P.T No 9135, H.S (D) 5472 P.T No. 9147 and H.S (D) 5473 P.T No 9148, all in Mukim Ijok, Kuala Selangor, by way of auction under ss. 256 and 257 National Land Code 1965 to recover sums due under a facilities agreement. On 29 May 2007, the order for sale was granted. The defendants then filed an appeal to the Court of Appeal against the said order. Pursuant to the appeal the defendants filed an application vide encl. 18 for a stay of all proceedings pending the disposal of their appeal. I had allowed the defendants' application and the plaintiff now appeals against this decision.

[2] In support of the defendants' application, learned counsel for the defendants submitted that the defendants have established special circumstances to justify the grant of a stay. Counsel referred to the case of Kosma Palm Oil Mill Sdn Bhd & Ors v. Koperasi Serbausaha Makmur Bhd, [2004] 1 MLJ 257 where Augustine Paul JCA (as he then was) in delivering the decision of the Court had said inter alia as follows:

The general rule is that an appeal shall not o