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2025 Supreme(SRI)(CA) 349

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
R. Gurusinghe, Dr. S. Premachandra, JJ
Amarasingha Arachchige IranganiAmarasingha – Appellant
Versus
Amarasinghe Arachchige Dona Premawathi – Respondent


Advocates:
Rasika Dissanayake with Shabeer Hussain instructed by K. Danuka Lakmal for the 05th Defendant-Respondent-Petitioner. Plaintiff-Respondent Absent and Unrepresented

JUDGMENT

R. Gurusinghe 5th Defendant-respondent-petitioner (hereinafter referred to as the petitioner) filed this application seeking inter alia to revise and/or set aside the order of the Learned District Judge of Moratuwa dated 12-07-2024, and order dated 20-11-2019 made in the case bearing no. 163/P of the District Court of Moratuwa and an interim order staying the operation of the impugned interim injunction issued against the petitioner by the said order.

This court granted an interim order staying the operation of interim injunction issued against the petitioner.

The facts of this case are briefly as follows:

The plaintiff-petitioner-respondent (hereinafter referred to as the respondent) is the sister of the petitioner. The respondent filed a partition action bearing no. 163/P on 30-04-2012 in the District Court of Moratuwa, seeking to partition the land described in the schedule to the plaint. The respondent had failed to tender lis pendens until 14-07-2014. After that, the respondent failed to take the steps required under section 12(2) of the Partition Law No. 21 of 1977, as amended. After several days, the Attorney-at-law for the respondent, on 31-03-2015, informed the court

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