JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] For ease of reference, parties to the present appeal shall be referred to as they were before the High Court.

[2] This is the 3rd and 4th defendants' appeal against the decision of the learned Judicial Commissioner ("JC") on Encl 1, which was delivered on 21 July 2020.

[3] Enclosure 1 is the plaintiffs' application under ss 417 and 145 of the National Land Code 1965 ("NLC 1965") and under O 7 and 31 of the Rules of 2012 (" ROC 2012") seeking, among others, the following reliefs:

(a) the plaintiffs' and the defendants' co-proprietorship or joint ownership over a property known as No 919, Mk 13 Relau 11900 Bayan Lepas, Pulau Pinang erected on Lot No 1852, Mukim 13, Tempat Relau, Daerah Timor Laut, Negeri Pulau Pinang held under Geran Mukim No GM 346 ("the said Property") to be terminated forthwith;

(b) the 3rd defendant to vacate the said Property within 14 days from the date of the order;

(c) the said Property is to be sold by way of a public auction at the current market price or at a price which is not less than RM10,500,000.00, which is the market price calculated as of 21 December 2018;

(d) a licensed auctioneer to be appointed by the Court t