IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Restitutio-in-Integrum and Revision under Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No:

CA/RII/53/2024 D.C. Colombo Case No:

DSP 0207/2024

01. Lasantha Alagiyawanna Meevitigammana, Urapola.

02. Duninda Dissanayake, 56, Skeleton Road, Colombo 05.

03. Mahinda Amaraweera B63, Mahagamasekara Mawatha, Bauddhaloka Mawatha, Colombo 07.

Plaintiffs -Vs-

1. Sarathi Dushmantha Mithrapala Acting Chief Secretary, Sri Lanka Freedom Party, 528, Karawanella, Ruwanwella.

2. Nimal Siripala De Silva Acting President, Sri Lanka Freedom Party, 93/20, Elvitigala Mawatha, Colombo 08.

3. Wijeyadasa Rajapaksa No.17, Wijayaba Mawatha, Nawala Road, Nugegoda.

4. Thilanga Sumathipala Vice President, Sri Lanka Freedom Party, No.02, Dr. Milina Sumathipala Mawatha, Colombo 10. Defendants AND NOW BETWEEN

1. Wijeyadasa Rajapaksa, No.17, Wijayaba Mawatha, Nawala Road, Nugegoda.

3rd Defendant-Petitioner Vs.

1. Lasantha Alagiyawanna Meevitigammana, Urapola.

2. Duninda Dissanayake, 56, Skeleton Road, Colombo 05.

3. Mahinda Amaraweera B63, Mahagamasekara Mawatha, Bauddhaloka Mawatha, Colombo 07.

Plaintiff- Respondents

1. Sarathi Dushmantha Mithrapala Acting Chief Secretary, Sri Lanka Freedom Party, 528, Karawanella, Ruwanwella.

2. Nimal Siripala De Silva Acting President, Sri Lanka Freedom Party, 93/20, Elvitigala Mawatha, Colombo 08.

3. Thilanga Sumathipala Vice President, Sri Lanka Freedom Party, No.02, Dr. Milina Sumathipala Mawatha, Colombo 10.

Defendants-Respondents Before: Hon. D.N. Samarakoon, J.

Counsel: Dr. Romesh de Silva P.C., with Sugath Caldera, Rasika Dissanayake and Niran Anketell for the 03^rd defendant Petitioner, instructed by Sanath Wijewardane.

Chandaka Jayasundera P. C., Amila Dissanayake instructed by Sanjeewa Kaluarachchi for the 1^st, 2^nd, 3^rd Plaintiff respondents.

Kuvera de Zoysa P. c., with Samuditha Kumarasinghe for the 1st defendant respondent instructed by Jayamuditha Jayasooriya.

Avindra Rodrigo P. C., with Vishwaka Peiris and Kalpani Rathnayake for the 2nd defendant respondent.

4^th defendant respondent absent and unrepresented.

Supported on: 02.05.2024 All Synopsizes of parties represented tendered on 03.05.2024 Decided on: 07.05.2024 D. N. Samarakoon J., (1) The proposition:

In CEYLON HOTELS CORPORATION LTD., vs. C. JAYATUNGE, argued on 24^th, 26^th, 30^th June & 1^st July 1969 and reasons delivered on 15^th July 1969, (The Ceylon Law Weekly, Volume 77 at page 5), Justice Albert Lionel Stanley Sirimane1, at the commencement of the judgment said, “I am unable to uphold the preliminary objection taken by Mr.

Coomaraswamy that the defendant has no right of appeal against the order of the learned trial Judge granting the plaintiff an interim injunction2 restraining the defendant from ejecting the plaintiff from the Kitulgala Rest House. That was an inter partes order made after inquiry at which both parties were heard. Such an order is an appealable one, and the right of appeal is granted to the party dissatisfied by section 73 of the Courts Ordinance, Chapter 6. Section 666 of the Civil Procedure Code does not disallow that right of appeal, and that section would apply in cases where the Court grants an interim injunction in the first instance before the other

1 Who was then the 3rd in seniority in the Supreme Court of Ceylon having 11 judges and a brother of Justice D. Q.

M. Sirimane appointed to the Supreme Court in 1971.

party is heard; or where there are subsequent supervening circumstances which could not have been foreseen, at the time the interim order was made”.

Mr. E. R. S. R. Coomaraswamy was for the plaintiff respondent. At the hearing of the appeal of the defendant appellant, the Ceylon Hotels Corporation Ltd., he raised the preliminary objection, that, the defendant has no right of appeal against the order granting the interim injunction.

What was referred to in the “old” Civil Procedure Code, w