Malimbada Liyanapathiranage Mahindadasa Akkinawatte, Dikkumbura vs. Malimbada Liyanapathirana Leela Malanie and 7 others – CA 668/95 F -2011

In the case between Malimbada Liyanapathiranage Mahindadasa Akkinawatte (Plaintiff) and Malimbada Liyanapathirana Leela Malanie and others (Defendants), the court addressed whether an order of the District Court dated 23-5-1995 in a partition action constituted a final order or an interlocutory order for the purpose of appellate rights. It was held that the order qualified as a final order, thus entitling appellants to appeal as of right under Section 754(1) of the Civil Procedure Code. This determination reaffirmed the principle that finality is established where an order concludes the substantive rights of parties with respect to the action, drawing upon the reasoning in Siriwardena v. Air Ceylon and Salaman v. Warner. The decision clarified that the disposition of substantive rights in

REF: CA 668/95 F -2011 Category: Tag:
Scroll to Top