Dissanayaka Mudiyanselage Senarath Bandara Dissanayaka vs. Muthukuda Wijesuriya Arachchige Jayantha Nishantha Wijesuriya – SC APPEAL 74/2016-2024

In the case between Dissanayaka Mudiyanselage Senarath Bandara Dissanayaka (Plaintiff/Appellant) and Muthukuda Wijesuriya Arachchige & Jayantha Nishantha Wijesuriya (Defendants/Respondents), the court addressed whether, when execution of a writ is obstructed (specifically due to the defendant’s misconduct), the judgment-creditor is required to file an application under section 325 of the Civil Procedure Code, or whether the court may re-issue the writ under section 337. It was held that the re-issuance and execution of the writ by the fiscal on 01.06.2010 were lawful, and the judgment-creditor was not compelled to utilize section 325 when resistance is encountered. The decision clarifies the proper interpretation of sections 324, 325, and 337 of the Civil Procedure Code concerning enforcem