Sedari Mudiyanselage Akash Pruthuvi Nirman Abeyrathne Bandara vs Sinhara Suranga Mahin Silva – CA RII/0048/2024-2024

In the case between Sedari Mudiyanselage Akash Pruthuvi Nirman Abeyrathne Bandara (petitioner) and Sinhara Suranga Mahin Silva, Central Finance Company PLC, and Ceylinco General Insurance Limited (respondents), the court addressed the issue of whether restitution (restitutio-in-integrum) under Article 138 could be granted in circumstances where an alternative legal remedy—a pending appeal—was available to the petitioner following the dismissal of a negligence claim by the District Court. It was held that access to the extraordinary remedy of restitution is precluded where another effective and adequate remedy exists. This position reaffirmed the principle that restitutio-in-integrum may only be invoked in the absence of other remedies, with reliance placed on established precedent includin