Sivagamie Verina Obeyesekere (Deceased) vs James Peter Obeyesekera (Junior) & Others – CA/RII/011/2024-2025

The court addressed whether the order dated 01.02.2024 – postponing the application for execution of a writ pending appeal – could be quashed through the restitutionary jurisdiction (restitutio in integrum) under Article 138 of the Constitution. The holding established that the Petitioners failed to demonstrate the extraordinary circumstances required for the grant of such relief. The principle reaffirmed is that restitutionary relief under Article 138 demands the establishment of compelling grounds, such as fraud, misrepresentation, or significant procedural defect, and that ordinary appeals cannot be circumvented absent clear exceptionality. The decision relied on relevant judicial precedents interpreting extraordinary jurisdiction and emphasized that mere dissatisfaction with process or