Mallika Wanigasekera vs Municipal Council of Dehiwala-Mount Lavinia – CA WRIT 505-23-2024

In the case between Mallika Wanigasekera, Hemawathi Kannangara, L. Lalitha Ranjani Fernando (Petitioners) and the Municipal Council of Dehiwala-Mount Lavinia, the Municipal Commissioner, and W. Ashoka Janet Silva (Respondents), the Court addressed the issue of the execution and enforcement of a demolition order issued by the Magistrate’s Court in 2008. The primary determination involved whether the respondents failed to execute the order, and the permissibility of the 3rd Respondent’s amended Statement of Objections being filed without leave of court. It was held that the amendment could not be entertained in the absence of prior authorization as mandated by Rule 3(8) of the Court of Appeal (Appellate Procedure) Rules 1990. The holding reaffirmed the principle that procedural compliance is