W.M. Heenbanda vs Malinda Thilakarathne – CA 1145/99-2013

The case between W.M. Heenbanda and Malinda Thilakarathne and Hashan Thilakarathne addressed the issue of whether an appeal should proceed following the death of the plaintiff-appellant when no effective steps were taken by the legal heirs to continue the prosecution. The court held that, due to the absence of further action by the successors after initial appearance and request for time, the appeal is deemed not prosecuted and stands abated. This outcome reaffirmed the principle that non-prosecution by successors upon death results in abatement of the appeal, emphasizing procedural requirements for continuance of proceedings in appellate practice.

H.N.J. Perera, J. — It was determined that the appeal abated for want of prosecution because, following the death of the plaintiff-appellant,