K.D. Malini Wijelatha vs 15a Palligoda Vitanage Karunadasa – CA 616/98 F -2013

In the case of Karuwa Kondage Don Hemarathne (and others) v. K.D. Malini Wijelatha (and others), the court addressed whether an appeal could proceed following the death of several appellants and parties, specifically focusing on whether necessary procedural steps—such as substitution of heirs—had been followed. The court held that, due to the appellants’ failure to take action despite opportunity and notices, the appeal should be abated for want of diligent prosecution. The decision reaffirmed the principle that the active prosecution of an appeal is required, particularly in cases involving substitution of deceased parties, and established that failure to pursue such procedural obligations will result in abatement of the appeal. The judgment relied on established procedural law governing