Appuhamy v. Fonseka and Another – sllr 1996 volume 2 page 130

In Appuhamy v. Fonseka and Another, the dispute centered on whether an application for execution of a decree pending appeal could be instituted “forthwith” under Sections 761 and 763 of the Civil Procedure Code, the appropriate timing for such applications, and the threshold of proving “substantial loss.” The Plaintiffs-Respondents pursued a declaration of entitlement and ejectment, resulting in a trial judgment against the Defendant-Petitioner. After an appeal and subsequent complications, including the death of a plaintiff, the District Judge allowed issuance of writ, a decision later set aside on appeal. It was held that the application for execution pending appeal must be considered in light of the judgment debtor’s ability to prove substantial loss. The appellate court revised the ear