Karunathilake Don Gunasekara vs Dissanayake Mudiyanselage Gotabhaya Kumarasinghe – CA NO. RII/16/2019-2022

In the case between Karunathilake Don Gunasekara (1st Defendant-Petitioner) and Dissanayake Mudiyanselage Gotabhaya Kumarasinghe (Plaintiff-Respondent), the court addressed the issue of whether an interim order for *restitutio in integrum* could be granted under Article 138(1) of the Constitution in the context of a partition action, specifically to restrain further sand mining or excavation pending final determination. The court held that interim injunctive relief was warranted, emphasizing that preservation of the subject matter is paramount even at a late stage if credible evidence of ongoing alteration is furnished. The principle reaffirmed is that equitable jurisdiction to preserve the status quo in partition proceedings may be exercised notwithstanding procedural objections or prior