K. D. Gnanawathi vs Pinnagollelage Dingirihathana – CA APPEAL NO. 233-234/97-2013

In the case between K. D. Gnanawathi (Plaintiff-Appellant) and Pinnagollelage Dingirihathana, Pinnagollelage Kirihathana, Pinnagollelage Kirilamaya, Pinnagollelage Yamanalage Ensa, Pinnagollelage Jayantha Pathmini, Pinnagollelage Dharmasena, and others (Defendant-Respondents), the court addressed whether the appellants were entitled to file final appeals as of right or were required, under Section 754 of the Civil Procedure Code, to first obtain leave to appeal. The determination centered on whether the District Judge’s order for a trial de novo constituted a “judgment” or merely an “order” as defined by law, which would affect the appellate process available. It was held that the impugned decision was an “order” rather than a “judgment,” and thus the appellants lacked the right to appeal