Wijeywardane vs Maitland – clr volume 3 page 007

In Wijeeywardane v. Maitland, the court addressed whether a mortgagee of moveables, not in possession, may prevent a sale in execution or obtain an injunction under the Civil Procedure Code. It was held that a mortgagee without possession cannot prevent such a sale or secure judicial relief against execution, reaffirming that statutory protection requires either possession or a decree confirming the mortgagee’s interest. The decision examined sections 243, 244, 245, 246, 247, and 352, emphasizing that relief under these provisions is unavailable without statutory entitlement or a judgment validating the mortgagee’s claim.

Lawrie, A. C. J. — It was determined that no provision in the Civil Procedure Code authorizes a mortgagee of moveables or immoveables, lacking possession and absent a