Nandawathie and Another v. Mahindasena – sllr 2009 volume 2 page 218

In Nandawathie and Another (Plaintiffs) v. Mahindasena (Defendant), the court addressed whether execution of a High Court order is automatically stayed upon the filing of an appeal and clarified the scope of appellate review in revision matters. It was held that the filing of an appeal does not by itself suspend execution; a separate application supported by substantial grounds is required for a stay. The principle reaffirmed that the appellate court’s review is restricted to legality, not to a re-hearing of facts. This determination was founded on analysis of statutory provisions including the Civil Procedure Code and Primary Court Procedure Act, alongside relevant precedents. The case underscores the necessity for a purposive approach and the exceptional nature of granting a stay, reinfo