A. W. A. Salam, J. v. Jayantha Wickremasinghe Gunasekara alias Kananke Dhammadinna, et al. – CA PHC APN 17/2006-2011

In Officer-in-Charge, Police Station, Ehaliyagoda v. Jayantha Wickremasinghe Gunasekara alias Kananke Dhammadinna and Others, the court addressed the issue of whether an appeal to the Court of Appeal from a High Court judgment delivered upon revision of a Magistrate’s Court determination under Part VII of the Primary Court Procedure Act (PCPA) automatically stays the execution of such a judgment, and whether the High Court’s setting aside of the Magistrate’s order for non-compliance with settlement obligations was justified. It was held that the mere lodging of an appeal does not operate as an automatic stay of execution for High Court orders made under Article 154P(3)(b) of the Constitution and PCPA, absent express statutory provision or a judicial order to that effect. It was also determ