Bogahawatta Durage Chandana Pushpakumara v. G. G. Dharmadasa – SC APPEAL NO .202/2012-2016
In the case between Bogahawatta Durage Chandana Pushpakumara (Plaintiff) and G. G. Dharmadasa (15th Defendant), the court addressed the propriety of granting an interim injunction restraining construction activity in a partition action, specifically examining whether the lower courts correctly identified and justified the restraining order imposed against the 15th Defendant regarding Lot 4 on Preliminary Plan No. 843. The appeal was dismissed on the grounds that the District Court’s findings were erroneous and lacked sufficient evidence that any construction took place on Lot 4. The court reaffirmed the principle that injunctions must be founded on clear evidence and a proper application of the balance of convenience, relying on precedents such as Felix Dias Bandaranayake v. State Film Cor

