Abeygunasekera v. Wijesekera and Others – sllr 2002 volume 2 page 269

The case between the 19th defendant-appellant and the plaintiff-respondent addressed whether an interlocutory order issued under Section 48(4) of the Partition Law could form the basis of a direct appeal without obtaining prior leave. It was held that such an appeal is not maintainable absent adherence to proper procedural requirements, reaffirming the principle that inherent judicial powers cannot be exercised in derogation of express statutory provisions. The decision relied upon the Civil Procedure Code (Sections 754, 755, and 839) and relevant appellate authority, underscoring that appellate procedures must strictly follow legislatively mandated processes and that recourse to inherent jurisdiction is precluded when statutory remedies exist.

Somawansa J. — The procedural history was e