R Lisa vs K A Nandasena – CA 1133/96-2011

The case between R. Lisa (plaintiff-appellant) and K.A. Nandasena and R.M. Nanadawathie (defendant-respondents) addressed the issue of whether the plaintiff was entitled to a writ of ejectment against the defendants pending appeal and whether the District Court’s order—allowing execution for damages but denying the writ of ejectment—was appealable as of right or only by “leave to appeal.” It was held that the denial of a writ of ejectment pending appeal constituted an incidental or interlocutory order, not a final judgment, reaffirming the principle that appeals as of right do not lie from interlocutory steps; instead, a leave to appeal application is required. This decision relied on precedents such as Cadiraman Pulle v. Ceylon Paper Sacks Ltd and Siriwardena v. Air Ceylon Ltd, emphasizin