Maraba Hewage Senaka Sunanda vs Wethsighne Halgamu Appuhamilage Don Nandika Dhanushka Dias – CA RII/0059/2024-2024

In the case between the petitioner (respondent-appellant-petitioner)—who obtained the property via transfer deed—and the respondent (petitioner-respondent-respondent)—who sought enforcement through a Debt Conciliation Board settlement—the main issue concerned whether the petitioner’s non-repayment under the settlement justified enforcement actions including auction of the property, and whether the petitioner’s delayed appeal against District Court and Civil Appellate High Court decisions was valid in light of statutory limitations. The case involved a property transfer on 15-03-2017, a formal settlement on 18-12-2019, an extension until 11-01-2021 for repayment which was not met, issuance of decree nisi made absolute by the District Court, and rejection of a late appeal by the Civil Appell