HIGH COURT MALAYA KUALA LUMPUR
CIMB BANK BERHAD – Appellant
Versus
MUTHIYAH SEETHAMBARAM & ANOTHER CASE – Respondent
JUDGMENT
[Enclosure 10 - Application To Set Aside The Order For Sale Dated 15 July 2016]
A. Introduction
[1] This is an application filed by Ravindra A/P K. Karuppiah ("Ravindra"), being the Wife and Administrator of the estate of the defendant who has passed away on 16 February 2014.
[2] Ravindra filed this application with the intention to set aside the Order for Sale dated 15 July 2016 ("the Order for Sale"). Ravindra seeks from this court to set aside the Order for Sale and declare, inter alia, that all execution proceedings arising from the court order are null and void.
Background Facts
[3] The Order for Sale which was granted to the plaintiff in this suit was related to a piece of property known as H.S.(D) 47949, No. PT 34003, Bandar Ampang, Daerah Ulu Langat, Negeri Selangor ("the Property").
[4] Based on the Order for Sale, an auction for the Property was carried out by the plaintiff on 17 October 2016.
[5] At all material times, the Intervener was the successful bidder for the Property. The Property was duly registered in the name of the intervener as the registered owner of the Property.
[6] At the outset, it is pertinent to note that this is
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