JUDGMENT

Muhammad Kamil Awang J:

[1] This is an application (encl 3) for stay of the execution pending appeal to the Court of Appeal, against the Court's order for the removal of caveat.

[2] Learned counsel for the defendant, Mr Jimmy Simon Maja's only ground in this application is that if a stay is not granted, it would render the appeal nugatory if successful, and would cause an irreparable damage to the defendant.He cited two cases in support:

Tan Soo Bing & Ors v. Tan Kooi Fook; and Che Wan Development Sdn Bhd v. Co-operative Central Bank Bhd;[1990] 2 MLJ 365; [1990] 2 BLJ 106; [1993] 1 AMR 627.

[3] Mr Fabian Lim, learned counsel for the plaintiff, submitted that there were no special circumstances shown in the affidavit in support of the application and that the appeal had no merit at all. The authorities cited are:

Kerajaan Malaysia v. Jasanusa Sdn Bhd; Lim Kok Liam & Sons Sdn Bhd v. Lau Choon Wan, [1996] 4 CLJ 256; See Teow Guan & Ors v. Kian Joo Holdings Sdn Bhd & Ors; [1995] 3 MLJ 598; [1997] 2 CLJ 299; [1996] 3 AMR 3733.

[4] It is trite law that an appeal does not operate as a stay of execution (see s 73 of the Courts of Judicature Act 1964) (Revised 1972); r 13 of the Rules of