Mohammed Haien Aietar Gisry and Mohammed Nies Mohammed Faizer vs. Officer-in-Charge Magistrate Court of Galle, Police Station – CA PHC 0058/2019-2022

In the case between the Officer-in-Charge, Police Station, Port of Galle and Mohammed Haien Aietar Gisry and Mohammed Nies Mohammed Faizer, the court addressed whether the appeal against the High Court’s judgment (13.05.2019, Revision Application No. 209/17, Southern Province High Court, Galle) should continue in the absence of the appellant and in light of apparent disinterest. It was held that the clear lack of interest, evidenced by the appellant’s absence and failure to respond to notice properly served, warranted the dismissal of the appeal. The decision reaffirmed that proceedings will not be maintained where an appellant fails to participate or demonstrate interest, emphasizing procedural discipline and finality in appellate matters. The court relied on principles governing notice a