Officer in Charge, Police Station, Katuwana vs Weerappulige Ashoka Weerasinghe – CA PHC NO: 138/2016-2022

In the case between Officer in Charge, Police Station, Katuwana, and Weerappulige Ashoka Weerasinghe with substituted appellate parties from the Kulasinghe family, the court addressed whether an appeal lies from the Provincial High Court order, which dismissed the 2nd Party-Petitioner-Appellants’ revision application and affirmed the Magistrate’s judgment in a land possession dispute. It was held that the impugned High Court order was a final order, not interlocutory, thus an appeal could be maintained. The principle reaffirmed is that an order disposing of substantive rights is final, and not interlocutory, for appellate purposes. Reliance was placed on Section 66 and 68(1) of the Primary Courts’ Procedure Act, Rule 3(1)(b) of the Court of Appeal (Appellate Procedure) Rules 1990, and rele