Amarange v. Seelawathie Weerakoon – sllr 1990 volume 2 page 332

The case between Amarange (plaintiff) and Seelawathie Weerakoon (defendant) addressed whether the execution of a District Judge’s decree should be stayed pending appeal, particularly in view of Section 763(2) of the Civil Procedure Code and the discretionary authority under Section 23 of the Judicature Act. It was held that a stay may be granted if the execution would cause substantial loss to the judgment-debtor, and a mere pendency of appeal is insufficient without specific proof of such loss. The decision reaffirmed the principle that substantial loss warranting a stay is context-dependent, not limited to financial harm, and must be assessed on a case-by-case basis. Reliance was placed on statutory interpretation and judicial precedent, with the finding that the District Judge misdirect