Ranaweera Arachchige Juwanis and Ranaweera Arachchige Andrayas vs Ranaweera Arachchige Adwin and K.K.Siriyawathi – CA 940/99-2013

The case between Ranaweera Arachchige Adwin and others (Plaintiffs/Complainant Respondents) and Ranaweera Arachchige Juwanis, Ranaweera Arachchige Andrayas, Ranaweera Arachchige Don Diyas (Defendant Appellants), with K.K. Siriyawathi named as Defendant Respondent, involved the issue of whether an appeal could proceed following the death of the Defendant-Appellants. The court held that, in the absence of any procedural steps or response from the legal heirs after notice, the appeal must be abated, thereby reaffirming the principle that diligent prosecution is required to maintain an appeal. Reference was made to the statutory requirements regarding continuance of appeals by legal heirs, emphasizing that failure to act results in automatic dismissal of the appeal due to lack of prosecution.