Agampodi Kamalawathie De Soysa and Others vs Ranamuka Devage Siri Wijaya – CA CASE NO 16/2004 F -2013

The case between Agampodi Kamalawathie De Soysa, Indrani Gunasekera nee De Soysa, and Ranamuka Devage Siri Wijaya addressed whether the Court of Appeal possesses the authority to grant interim relief—specifically, to restrain the defendant from constructing structures or to preserve the status quo—during the pendency of an appeal, under Section 669 of the Civil Procedure Code and Rule 2 of the Court of Appeal (Appellate Procedure) Rule 1990. It was held that Section 669 applies exclusively to original actions and does not empower the appellate court to grant such relief during appeals, and that the referenced rule does not extend such powers in appeal proceedings under Section 754. The plaintiffs’ request for interim relief was rejected, reaffirming the principle that appellate courts have