Disanayakage Lional Rajapaksha vs. W.A Prema Swarnamali Bandara et al. – SC APPEAL NO. 48/2016-2022
In the case between Disanayakage Lional Rajapaksha and W.A. Prema Swarnamali Bandara, among others, the court addressed whether a judgment debtor is entitled to apply for reissuance of a writ after proper execution had already occurred at the instance of the judgment creditor, and whether relief not originally pleaded may be granted, particularly in the face of claims concerning additional obstructions to a granted right of way. It was held that the execution of a writ is reserved exclusively for the judgment creditor and that the judgment debtor holds no such authority to seek reissuance, even where subsequent obstructions are alleged. The principles reaffirmed in this decision emphasized the statutory framework in the Civil Procedure Code on execution of decrees and relied on relevant pr

