Manel Dissanayake v. Hettiarachchige Manel alias Manel Hettiarachchi – CA L.A. NO. 493/06-2015

In the case between Hettiarachchige Manel alias Manel Hettiarachchi (Plaintiff-Respondent) and, inter alia, 1st Defendant-Respondent Victor Seneviratne and 2nd Defendant-Petitioner Manel Dissanayake, the court addressed issues arising from the execution of an ex parte decree obtained against the 3A defendant, where the 1st and 2nd defendants, claiming to be tenants, disputed its application to them. The principal questions included the extent to which an ex parte decree against a landlord (3A defendant) could prejudice tenants (1st and 2nd defendants), the consistency between a consent judgment and the ex parte decree, and the propriety of the district court’s refusal to uphold the tenants’ objections to execution. It was determined that no independent rights were asserted by the 1st and 2