G.A.M.D. Ematiyagoda v. Peoples’ Bank and Ten Others – CA CALA 348/2004-2011
In the case between G.A.M.D. Ematiyagoda (plaintiff-petitioner) and Peoples’ Bank with other co-owners as defendants, the court addressed the issue of whether the District Judge’s refusal to grant an interim injunction against auctioning part of an undivided land should be set aside in a partition action. It was held that the plaintiff failed to establish a prima facie case for interim relief, and the conditions for granting an injunction were not satisfied. The ruling reaffirmed the principle that equitable remedies such as injunctions require clear evidence and complete procedural compliance, with particular regard to clean hands and material documentation. Reliance was placed on Partition Law procedural requirements, and it was emphasized that absence of proper evidence and procedural l

