Ranatunga Arachchilage Sunil Harshadewa vs Kotte Hewa Swarnamali Thilinika Deshabandu – CA/RII/01/2021-2024

The case between Ranatunga Arachchilage Sunil Harshadewa (Defendant-Petitioner) and Kotte Hewa (Swarnamali Thilinika Deshabandu) and Baladewa Deshabandu (Plaintiff-Respondents) concerned the validity of a settlement recorded on 23.02.2016 relating to a claim for Rs.500,000 for property improvements. It was held that the settlement failed to satisfy the statutory requirements under Sections 408 and 91 of the Civil Procedure Code, specifically regarding the necessity for written motion and memorandum. The findings established that the absence of these procedural safeguards rendered the settlement deficient both procedurally and substantively. The decision relied on precedents including Cornelius Perera vs. Leo Perera, reaffirming the legal principle that settlements in judicial proceedings m