K. Madhuri Anuradha Rodrigo vs K. M. Hema Celsia Fernando – SC APPEAL 53/2021-2021

The case addressed the issue of whether the Defendant was entitled to use the roadway over Lots 4 and 5 as depicted in Plan No. 1177 and the proper application of interim injunction principles under the relevant statutory provisions. It was determined that the injunction sought by the plaintiffs based on prescription claims was not supported by a strong prima facie case, and the balance of convenience did not favor restricting the Defendant’s use of the roadway. The findings established that the statutory framework provided by section 54 of the Judicature Act and sections 662, 664 of the Civil Procedure Code required evidence demonstrating irreparable harm and equitable considerations, which remained unproved, leading to the restoration of the District Court’s refusal of the interim injunc