Don Piyasena v. Mayawathie Jayasuriya – sllr 1986 volume 1 page 006

In Don Piyasena v. Mayawathie Jayasuriya, the court addressed whether execution of a decree should be stayed pending appeal under Section 763 of the Civil Procedure Code (as amended by Act No. 53 of 1980) and Section 23 of the Judicature Act (as amended by Act No. 37 of 1979). It was determined that a stay of execution is not automatic upon appeal and requires the applicant to demonstrate the likelihood of substantial loss. Upon review, the necessity for clear evidence substantiating such loss was reaffirmed, upholding the principle that the burden lies on the applicant to provide sufficient proof before a stay can be granted. The court relied on the aforementioned statutory provisions, underscoring that absent proof of substantial loss, the original order of execution must stand.

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