Wikramage Heenhami vs Yasitha Harendra Gunasekara – CA PHC 99/2002-2013

The case between Wikramage Heenhami (deceased) and Yasitha Harendra Gunasekara concerned whether an appeal could proceed following the appellant’s death and the failure of the legal heirs to take necessary procedural steps. It was held that failure to pursue the requisite procedures after notification to the legal heirs results in the abatement of the appeal. This determination reaffirmed the procedural principle that legal heirs must actively intervene for an appeal to be maintained posthumously. The reasoning relied on established civil procedure requirements, underscoring that inaction by successors terminates further proceedings in the appellate court.

A.W.A. Salam J. — It was established that the legal heirs of the deceased appellant were duly notified to take procedural steps but f