K.M. Srimathie v. Provincial Secretary & Others – CA APPLICATION NO. PHC 52/2008-2008

In the case between K.M. Srimathie (Defendant-Petitioner-Appellant-Petitioner) and the Provincial Secretary, Uva Paranagama; the Hon. Attorney General; and the Manager, Bank of Ceylon, Lunuwatte (Plaintiff-Respondent-Respondent-Respondent), the court addressed whether the Defendant could seek to set aside an ejection order issued under the State Lands (Recovery of Possession) Act after the High Court had affirmed the order and no appeal was lodged against the subsequent related order. The court held that an application to stay execution was not maintainable on the grounds that no appeal was taken from the last affirming High Court order, and the Petitioner failed to disclose material facts, amounting to a suppression of facts. It was established that the lodging of an appeal does not opera