Jayatissa vs. Nandawathie and Others – sllr 2006 volume 3 page 027

In Jayatissa vs. Nandawathie and Others, the court addressed whether execution of a decree pending appeal was in accordance with the Civil Procedure Code. The determination established that execution of a writ within 14 days of the court’s order, and without notice to the petitioner, contravened section 761 and the prescribed procedures under sections 763(1) and 763(2). The holding reaffirmed that statutory execution requirements must be strictly followed to protect the rights of parties during appeal. The decision, grounded in relevant statutory provisions and precedents such as Careem vs. Amerasinghe and Brooke Bond (Ceylon) Ltd. vs. Gunasekera, directed that the improperly issued orders and writ be set aside, and that an inquiry be conducted regarding execution pending appeal.

Imam J.