Amarakoon Mudiyanselage Sunith Nandanie vs Amarakoon Mudiyanselage Wasantha Shamalie – CA RII/0052/2024-2025

In the case between Amarakoon Mudiyanselage Sunith Nandanie and Amarakoon Mudiyanselage Wasantha Shamalie, the court addressed whether Restitutio-in-Integrum should be granted to set aside an interim injunction issued in a property partition dispute. It was held that the petitioner failed to substantiate claims of fraud, misrepresentation, or suppression of material facts, as required for such extraordinary relief. The need for prompt application and the absence of new evidence or mistake were emphasized, reaffirming that relief under Restitutio-in-Integrum is only available under exceptional circumstances. This decision relied on principles governing partition actions, interim injunctions, and the strict prerequisites for granting equitable remedies, underscoring the importance of mainta

REF: CA RII/0052/2024-2025 Category: Tag:
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