Hissalla Kankanamge Wimalsena and Padukka Vidhanalage Amarawathi vs Kathriachchi Pinnawalage Sunil Padmasiri and Kathriachchi Pinnawalage Chaminda Pushpakumara – CA PHC 212/2018-2023

In the case between Hissalla Kankanamge Wimalsena, Padukka Vidhanalage Amarawathi (petitioners) and Kathriachchi Pinnawalage Sunil Padmasiri, Kathriachchi Pinnawalage Chaminda Pushpakumara (respondents), the court addressed the issue of whether provisional orders issued under Section 66(1)(b) of the Primary Courts’ Procedure Act No. 44 of 1979 were correctly rendered, considering their purpose of preserving public peace pending final civil adjudication regarding land possession. It was held that such orders, being provisional and not affecting substantive rights, should not be overturned on appeal when the statutory framework directs substantive matters to be resolved in the civil courts. The principles reaffirmed the limited and temporary scope of provisional orders under Sections 66 and

REF: CA PHC 212/2018-2023 Category: Tag:
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