Peduru Arachchige Somawathie Seethalatha v. Officer in Charge, Minor Offences Branch, Police Station, Mirihana – C A PHC/77/2016-2017

In the case between Peduru Arachchige Somawathie Seethalatha (Appellant/2nd Party Petitioner-Appellant) and the Officer in Charge, Minor Offences Branch, Police Station, Mirihana, with the 1st Party-Petitioner-Respondents including Nandani Jayaweera and others, the court considered whether an appeal to the Court of Appeal operates as an automatic stay of execution regarding the demolition of a boundary wall and whether interim relief should be granted in the absence of supporting material. The court determined that an appeal does not, by itself, operate as an automatic stay of execution of the underlying order and upheld the requirement for supporting case materials when seeking interim relief. It was established that a mere petition and affidavit are insufficient for granting such relief,