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2025 MarsdenLR 2854

HIGH COURT MALAYA SHAH ALAM
KEJENDRAN NADARAJAN – Appellant
Versus
KAVITAH VATHUMALAI & ANOR (ENCLS 1 & 7) – Respondent


Petitioner Advocates:Muhamad Saifullah Muhamad Azmi,Jayamurugan Vadivelu ,Respondent Advocate: J J Naidu R J Naidu

Choong Yeow Choy JC:

Introduction

[1] In this Originating Summons, the Plaintiff seeks the removal of a private caveat lodged by the Defendant. During the proceedings, a separate application was filed under Encl 7 by a Proposed Intervener, requesting leave to intervene and be added as a Co-Defendant in this suit.

[2] This decision addresses the application set out in Encl 7.

The Prevailing Issue

[3] The central question in this case is whether this Court should exercise its discretion to grant the application in Encl 7. Consequently, the pertinent issue for this Court to consider is whether the Proposed Intervener has established a sufficient legal basis or interest to justify his intervention, as outlined by the Federal Court in Chong Fook Sin v. Amanah Raya Bhd & Ors 2010 MarsdenLR 1586 ; [2011] 1 MLJ 721 ; (' Chong Fook Sin ').

The Parties and the Pertinent Background Facts

[4] To address the issue outlined in the preceding paragraph, it is essential that we are apprised of the background facts and claims made by the respective parties.

[5] The Plaintiff is Kejendran a/l Nadarajan ("Kejendran").

[6] The Defendant is Kavitah a/p Vathumalai ("Kavitah"), while the Proposed Intervener is

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