Hettige Dona Maggie Nona Jorsy Goda, Maha Iduruwa, Iduruwa vs Hettige Dona Punchi Nona Iddagoda, Mathugama – CA NO.80/97-2013

In the case between Hettige Dona Maggie Nona (2nd Defendant-Appellant) and Hettige Dona Punchi Nona and others (Complainant-Respondents), the court addressed the issue of whether the appeal could proceed after the 2nd Defendant-Appellant’s death when her heirs had not sought substitution, and whether the order under appeal constituted a final “judgment” permitting direct appeal without special leave. It was determined that, due to the absence of appropriate substitution and the lack of required leave to appeal from a non-final order, the appeal could not be sustained. This holding reaffirms the principles governing abatement of appeals upon the appellant’s death and the procedural requirements for appealing interlocutory orders, as reflected in relevant statutory provisions and appellate r