Officer-in-Charge, Police Station of Nawalapitiya vs A. A. Sithy Zulfiya – CA PHC 137/2017-2022

In the case between Officer-in-Charge, Police Station of Nawalapitiya and Abdul Rahman Lebbe Abdul Hakeem & others, the court addressed the issue of whether the execution of a writ, allowing the Respondents to erect a boundary fence pursuant to a 1992 settlement, was valid in the absence of notice to the Appellants, and whether the High Court’s revisionary jurisdiction should be exercised to set aside that order. It was held that the settlement terms did not require notice prior to the execution of writ and that the Appellants, having withdrawn their initial civil action and not pursuing further remedies for an extended period, had not demonstrated the exceptional circumstances necessary to justify intervention. The principle reaffirmed was that the law assists those who are vigilant and n

REF: CA PHC 137/2017-2022 Category: Tag:
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