Jayatissa vs. Nandawathie and Others – sllr 2006 volume 3 page 037

In Jayatissa vs. Nandawathie and Others, the court addressed the validity of the execution of a writ within 14 days of the District Judge’s order in the context of a pending appeal, under section 761 of the Civil Procedure Code. It was held that such execution, absent proper notice to the Petitioner of the application for writ, contravened statutory requirements. The principle reaffirmed was that due notice must be provided to the party appealing, ensuring protection against substantial loss and safeguarding jurisdictional propriety. This decision relied upon interpretation of section 761 of the Civil Procedure Code, emphasizing that procedural compliance is mandatory before executing writs pending appeal, with orders of execution being subject to inquiry and recall if improperly issued.