Bandupala Ranawaka vs Kotapola Multi Purposes Cooperative Society Limited – CA PHC APN NO. 38/2013-2013

In Bandupala Ranawaka alias Bandu Ranawaka v. Kotapola Multi Purposes Cooperative Society Limited and others, the court addressed the procedural issue of whether the petitioner’s application should proceed when the petitioner’s counsel indicated no intention to support the motion at that time. It was held that the revision application would be laid aside, while permitting the petitioner the right to subsequently move for a fresh date to support the application, subject to the requirement that notice be served on the respondents. The principle reaffirmed is that where an application is not actively pursued, proceedings may be paused but not concluded on merits, preserving the applicant’s right to reactivate the matter, consistent with established procedural discretion.

A.W.A. Salam J. — T