Karunarathna Liyanage v. Mahara Mudiyanselage Loku Bandara – SC APPEAL 98/2011-2013

In the case between Karunarathna Liyanage (Plaintiff/Petitioner) and Mahara Mudiyanselage Loku Bandara (Defendant/Respondent), the court addressed whether the use of an ex parte enjoining order, procured by misrepresentation, and used to forcibly evict the Defendant-Respondent constituted an abuse of court process, and whether the restoration of possession by the Civil Appellate High Court was appropriate. It was held that the forcible dispossession based on a misrepresented enjoining order amounted to an abuse of judicial process, and restoration of the Defendant-Respondent’s possession was required to re-establish the original status quo. The key legal principle reaffirmed that parties wrongly dispossessed through the misuse of court process are entitled to restitution. Reliance was plac