Brooke Bond (Ceylon) Limited. v. Gunasekera – sllr 1990 volume 1 page 071

In the case between BROOKE BOND (CEYLON) LIMITED and GUNASEKERA, the Supreme Court addressed whether execution proceedings could be instituted before the expiration of the time allowed for appeal under section 761 of the Civil Procedure Code, especially while appeals were pending from both parties. The court determined that execution was impermissible before the 14-day period for lodging a notice of appeal expired, clarifying that the right to appeal is triggered by the filing of such notice rather than the petition of appeal. This holding reaffirmed the statutory principle that execution may only proceed after the statutory appeal period has lapsed, ensuring that the decree-holder’s enforcement rights are balanced with the appellant’s right to appeal. The decision rested on a detailed con