JUDGMENT

Zulkefli Makinudin JCA:-

[1] There are two (2) notices of motion filed by the appellants fixed for hearing before us. Essentially, the appellants under the respective notice of motions are applying to this court for an order that the proceedings in the High court of Kuala Lumpur Civil Suit No. D4-22-1149-1993 be stayed pending the disposal of the court of Appeal, Civil Appeals No. W-02-738-2005 and W-02-968-2005 filed by the appellants. There is also a pending appeal before the court of Appeal filed by the respondents in Civil Appeal No. W-02-653-2005.

[2] The first appellant is the second defendant and the second appellant is the third defendant in the Civil Suit No. D4-22-1149-1993 filed by the respondents in which the first respondent is the first plaintiff and the second respondent is the second plaintiff. We shall refer the parties as they were in the proceedings before the High court.

[3] At the outset of the hearing before us, by consent of the parties, the said two notices of motion under Civil Appeal No. W-02-738-2005 and Civil Appeal No. W-02-968-2005 were treated as appeal proper and heard together with the pending Civil Appeal No. W-02-653-2005. The parties also ag