Jayantha Gunasekara vs. Jayatissa Gunasekara and Others – sllr 2011 volume 1 page 284

In the case between Jayantha Gunasekara and Jayatissa Gunasekara, the court addressed whether the filing of an appeal under Article 154 P (3)(b) automatically stays the execution of a High Court judgment in land possession disputes governed by the Primary Courts Procedure Act. It was held that the mere lodging of an appeal does not operate as a stay of execution of the High Court’s order. Emphasis was placed on the legislative scheme which neither expressly nor impliedly provides for such a stay, reaffirming the principle that statutory mandates concerning possession and maintenance of peace must be strictly adhered to unless otherwise directed. The court’s reasoning relied on relevant case law and statutory analysis, highlighting that objections on jurisdictional grounds must be raised pr