M.A. Sugathadasa vs Herath Mudiyanselage Piyadasa – CA 896/98-2013

In the case between M.A. Sugathadasa (Plaintiff-Appellant) and Herath Mudiyanselage Piyadasa and Emage Baby Sinyo (Defendant-Respondents), the court addressed the issue of whether an appeal is maintainable when filed over two years after the delivery of the original judgment and where the Petition of Appeal does not seek to set aside the judgment. It was determined that the appeal, having been lodged after a significant delay and without an explicit prayer to set aside the original judgment, is not sustainable in law. The decision reaffirmed the procedural requirement for timely filing and appropriate relief specification in appellate proceedings, underscoring that procedural compliance remains essential for the invocation of appellate jurisdiction.

K.T. Chitrasiri J. — Upon consideratio