Nanayakkara and Others v. Sirisena – sllr 2003 volume 3 page 060

In the case between Nanayakkara and Others (Plaintiffs) and Sirisena (Defendant), the court addressed whether the terms of a settlement agreement reached on January 25, 1990, could be equated to a formal decree for the purpose of executing judgment, and from which date the ten-year period for execution under Section 337 of the Civil Procedure Code should be computed. It was held that the settlement only constituted an agreement between parties and did not attain the status of a decree until the decree was formally entered on February 10, 1994. The court reaffirmed the principle that execution must be based on the formal decree date and not the date of the underlying settlement. The findings further established that objections regarding substitution of heirs and lapse of time lacked merit.