Kahandawela Knitwear Industries (Pvt) Limited vs. Swan Feather (Pvt) Limited & Kavin Polymers (Pvt) Limited – SC APPEAL 186/18-2021

In the case between Kavin Polymers (Pvt) Limited and Swan Feather (Pvt) Limited (with Kahandawela Knitwear Industries (Pvt) Limited as plaintiff-respondent), the Supreme Court addressed the issue of whether an appeal lies against an order under Section 245 of the Civil Procedure Code concerning the seizure of vehicles pursuant to writ execution. It was held that such orders are not appealable and that strict procedural requirements apply regarding the evidentiary burden of claimants to property seized in execution. The holding reaffirmed the principle that the remedy under Section 247 of the Civil Procedure Code is exclusive, and orders made under Section 245 are final and conclusive in respect of claims to property. Reliance was placed on statutory provisions and case law such as Marikkar