Maththaka Gamage Thilakarathne Wijedasa et al. vs Maththaka Gamage Chandrawathie et al. – CA PHC/109/2011-2016

In the case between Maththaka Gamage Thilakarathne Wijedasa and others, and Maththaka Gamage Chandrawathie and others, the court addressed the issue of whether a unilateral submission by the Appellants’ Counsel to maintain the status quo on disputed property, following the withdrawal of an appeal, was binding on the Respondent. It was held that no binding agreement or undertaking obliging the Respondent to maintain the status quo was established, reaffirming the principle that an express and mutual undertaking is required to bind parties to a course of action in litigation. This decision relied on established legal principles regarding undertakings in court and emphasized that unilateral statements of Counsel, without agreement or clear evidence of mutual consent, do not create enforceable