A.D.H.Perera v. Gunawardena – SLR – sllr 1993 volume 2 page 027

In the case between A. D. H. Perera (plaintiff-respondent-appellant) and Gunawardena (defendant-appellant/sub-defendant-respondent), the court addressed whether execution pending appeal should be granted notwithstanding a pending appeal and the evidentiary requirements related to claims of substantial loss from such execution. The court determined that the party opposing execution, the judgment-debtor, must substantiate assertions of serious loss with concrete evidence rather than mere allegations. The principle was reaffirmed that mere claims of hardship without proof concerning the business’s operations, profits, or relocation expenses are insufficient to justify disallowing execution. Reliance was placed on established legal standards, with reference to precedent, reinforcing the alloca