Parameshway Upali De Silva (nee Parameshwary Velupillai) vs Savithri Lokhitharaja – CA TR/13/2017-2020

In the case between Parameshway Upali De Silva (Petitioner) and Savithri Lokhitharaja (deceased, substituted by Kandappan Lokhitharaja) and Selvadurai Sivam Ganeshanandhum (Respondents), the court addressed whether a testamentary action pending in the District Court of Batticaloa should be transferred to a District Court in the Western Province under section 46(1)(d) of the Judicature Act, based on the Petitioner’s claimed medical incapacity to travel. It was determined that the Petitioner failed to establish the statutory requirement of expedience for a transfer, and the application for transfer was refused. The principle reaffirmed is that mere personal inconvenience and health reasons, unsupported by sufficient evidence of a compelling legal necessity, do not justify transfer of proceed