Kottage Osmand Perera Vs. Susil Morris Wannigathunge and others – CA PHC APN/178/2017-2017

In the case between Kottage Osmand Perera and Susil Morris Wannigathunge (appearing by Power of Attorney Holder — Maarasinghearachchige Milton Marasinghe), the court addressed whether the Provincial High Court of Panadura was correct in refusing to accept the Petitioner’s appeal against a High Court judgment dated 26.10.2017, and whether such appeal was filed within the statutory time period and maintainable. It was held that the appeal was filed within the prescribed period and that there was no legal impediment to entertaining an appeal against a Provincial High Court judgment delivered in revisionary jurisdiction. The order dated 07.11.2017 by the High Court Judge refusing the appeal was set aside, and directions were given for the High Court to accept and process the appeal according