Gonapinuwalage Suguna Manjula vs Yasarathna De Silva Pinnaduwage and another – CA RII/0011/2021-2021

In the case between Gonapinuwalage Suguna Manjula (Defendant-Petitioner) and Yasarathna De Silva Pinnaduwage and Preethi Manohari Pinnaduwage (Plaintiff-Respondents), the court addressed the issue of whether notice and an interim order should be issued to stay further proceedings in the District Court, upon application by the Defendant-Petitioner. The court held that such an interim order could be made on a prima facie basis, reaffirming the principle that revisionary jurisdiction under Article 138 of the Constitution may be exercised even where appellate remedies exist, provided the circumstances justify such intervention. This decision relied on the amended section 753 of the Civil Procedure Code and relevant appellate and Supreme Court precedents, emphasizing a shift from a strict requi

REF: CA RII/0011/2021-2021 Category: Tag:
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