H.A. Prasanji Thusitha Kumara Dias & N.L.D.G.Vthika Dias vs Hettiarachchige Dias & Jasinthu Hewage Kalyanawathie Dias – CA REV APPLICATION NO: 63/2016-2016

In the case between H.A. Prasanji Thusitha Kumara Dias and N.L.D.G. Uthika Dias (Petitioners) and Hettiarachchige Dias and Jasinthu Hewage Kalyanawathie Dias (Respondents), the court addressed whether the interim order staying the execution of the Magistrate’s order regarding possession of “Dias Motors, Engineers and Sales” should be extended until final determination. The main issue concerned the Magistrate’s authority to grant relief not specifically requested and absent proof of forcible dispossession, applying Section 66 and 68 of the Primary Courts Procedure Act alongside established interim relief principles. It was determined that the petitioners demonstrated sufficient grounds for interim relief, emphasizing the need to maintain the status quo, avoid irreparable loss, and prevent e