Bhathiya Anuruddha Kumarasinghe v. Sammu Arachchige Krishanthi & Sammu Arachchige Pradeepa Mahindrani – CA RII/23/2022-2023

In the case between Bhathiya Anuruddha Kumarasinghe (Judgment Debtor petitioner) and Sammu Arachchige Krishanthi, Sammu Arachchige Pradeepa Mahindrani, and Galhenage Dhammika Perera, the court addressed whether the petitioner was correctly designated a defaulting party following alleged procedural irregularities concerning court notices and hearings in eviction proceedings. It was held that the petitioner was misinformed about hearing dates and had been incorrectly defaulted, resulting in improper eviction orders. Reaffirming the principle of audi alteram partem and the judicial discretion for restitutio in integrum under Article 138 of the Constitution, the court set aside the flawed orders and restored all parties to their status as of 15.07.2022, ordering the matter to be reheard. The d