Ahmad Maarop JC:

The Background

The defendant was the registered owner of the land known as Lot 480, (Geran Pendaftaran No. 5983), Lot No. 654 (Geran Pendaftaran No. 12690) and Lot 655 (Geran Pendaftaran No. 1269), all in Mukim Parit Melana, District of Alor Gajah, Malacca ("the said land). The said land were charged to the plaintiff. On 31 July 1998, the High Court, on the plaintiff's application ordered the sale of the said land by public auction. A number of earlier attempts to effect the sale of the said land failed. On 17 April 2000, the Senior Assistant Registrar of the High Court ordered the land to be sold by auction on 26 June 2000. The intervener successfully bid for and purchased the lands at that auction at the price of RM4,203,000. The intervener had paid the auction price in full and the Registrar of the High Court had issued a certificate of sale dated 30 September 2000. On 14 August 2000, the defendant filed its application in encl. 79. On 24 November 2000 the intervener filed its application in encl. 85.

Both applications were fixed for hearing on 13 December 2000. In the summons in chambers (encl. 79), the defendant asked for the following orders:

(a)Lelo