JUDGMENT

[1] We heard the appeal and reserved our decision. This decision is made and delivered pursuant to s 78(1) of the Courts of Judicature Act 1964, as Justice Ramly Ali FCJ and Justice Alizatul Khair Osman Khairuddin FCJ have since retired. This decision is therefore the decision of the remaining members of the panel. The decision is that the appeal is allowed with costs. The decision of the Court of Appeal is set aside. The order of the High Court is reinstated.

[2] I have prepared a judgment containing reasons for the aforesaid decision. Justice Rohana Yusuf FCJ has written a separate judgment giving different reasons for the aforesaid decision. Justice Mohd Zawawi Salleh FCJ agreed with the judgment of Justice Rohana Yusuf.

[3] The following is my judgment.

[4] In this judgment, the parties will be referred to as they were in the High Court.

[5] This is an appeal by the plaintiff against the decision of the Court of Appeal which had, on 6 March 2018, allowed the defendant's appeal against the order for sale in respect of the land held under Hakmilik Geran 308417, Lot 47137, Mukim Tebrau, Daerah Johor Bahru, Johor ("the said Land").