Seettuhewa Chithra Seneviratne vs Mohamed Sulthan Kybe and Mohamed Sulthan Marikkar – CA CASE NO: 601/2000-2000

In the case between Seettuhewa Chithra Seneviratne and Mohamed Sulthan Kybe and Mohamed Sulthan Marikkar, the court addressed the issue of whether to set aside or enforce a prior court order dated 05.07.2002 in the context of an appeal. It was determined that, following the absence and non-representation of parties at the hearing, the appeal should be dismissed without costs. The principle reaffirmed was that appellate relief will not be granted when parties are absent and fail to actively prosecute their appeal. The decision relied on procedural rules governing appellate practice, emphasizing efficient court administration and the finality of orders in uncontested appeals.

Upaly Abeyrathne, J. — Having reviewed the record and noted the absence and lack of representation of the parties,