IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
R. Gurusinghe, M.C.B.S. Morais, JJ
Beligahamullage Peiris Irosh Kavinda Galhena Road – Appellant
Versus
Nakandalage Don Sureka Srimali and others – Respondent
JUDGMENT
M.C.B.S. Morais J.
This is an application for Restitutio in Integrum coupled with revision, filed under Article 138 of the constitution of the Democratic Socialist Republic of Sri Lanka against the order of the learned District Court of Kalutara dated 16th of November 2023.
The Action RE/534 was initiated by Belingahamullage Peiris Irosh Kavinda (hereinafter sometimes will be referred to as the Petitioner) against 1st – 5th Respondents (hereinafter sometimes will be referred to as the Respondents) on 8th November 2018 in respect of the property more fully described in the schedule to the Plaint dated 8th November 2018 which has a commercial value of Rs.35,000,000. Accordingly, the Petitioner has prayed for the following:
“I. Issue Notice on the 1st, 3rd, 4th and 6th Defendant-Respondents and the 2nd and 5th Respondents if Your Lordships Court pleases;
II. Act in Revision and set aside the Order dated 16th November 2023; of the Learned District Judge of Kalutara III. Exercise the powers of Restitutio in Intergrum and restore the Plaintiff Petitioner to the status quo he had been as at the 15th November 2023 in respect of the property to the Schedule of the Plaint;
IV. Grant an In
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