Kanthilatha and Another vs Wimalaratne and Others – sllr 2005 volume 1 page 411

In Kanthilatha and Another vs. Wimalaratne and Others, the court addressed whether the filing of an appeal automatically suspends the jurisdiction of the original court to execute its order, specifically in a dispute over a land boundary and exclusive roadway use, arising from the demolition of a boundary wall by one party. It was held that the initiation of an appeal, in the absence of statutory exceptions, suspends the execution of the lower court’s order and maintains the status quo until the appellate process concludes. The rule was reaffirmed under constitutional provisions (Articles 154 P(3)(b) and 154P(6)), the Primary Courts Procedure Act, and supporting case authority, establishing that no further stay order is needed beyond the operation of the appeal itself and reinforcing the l