H A Prasanji Thusitha Kumara Dias vs Hettiarachchige Dias and Jasinthu Hewage Kallyanawathie Dias – C A PHC APN/170/2017-2018

In the case between H. A. Prasanji Thusitha Kumara Dias, N. L. D. G. Uthika Dias, and Hettiarachchige Dias, Jasinthu Hewage Kallyanawathie Dias, the court addressed the issue of whether interim relief by way of revision should be granted by the Court of Appeal when an appeal is already pending concerning an order made under section 66(1)(b) of the Primary Courts Procedure Act. It was held that exceptional circumstances must be shown for the court to exercise its revisionary jurisdiction in such instances, reaffirming the principle that the mere existence of an appeal does not operate as a stay of execution, nor does it justify intervention by way of revision. Reliance was placed on the authority set out in Jayantha Gunasekara v. Jayatissa Gunasekara and others, emphasizing that without the

REF: C A PHC APN/170/2017-2018 Category: Tag:
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