IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under and in terms of Article 143 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

CA/WKF/0002/2023

1. Abdul Raheem Mohamed Mudassir No. 128, Kohilawatha, Angoda.

2. Mohamed Niyas Mohamed Haroon No.61/A, Abathala Road, Kohilawatha, Angoda.

3. Ali Hassan Mohamed Gazzaly No.151, Stace Road, Grandpass, Colombo 14.

4. Baba Mohamed Himson Lye No.450/16 H3, Belagama Road, Kelanimulla.

5. Mohamed Rafeek Mohamed Mihilar No.40/30A, Araliya Mawatha, Kohilawatha, Angoda. 6. Aboobaidha Nazar No.98/7, Abathala Road, Wellampitya.

7. Mohamed Raseed Mohamed Ramees No,102/24, Donal Perera Mawatha, Kohilawatha, Wellampitiya.

8. K.J.M. Foundation (Guarantee)

Limited No.65/17, Abathala Road, Kohilawatta, Wellampitiya.

Petitioners Vs.

1. Mohamed Munawwar Mohamed Mushtaf No.55/7, Kohilawatta, Angoda.

2. Mohamed Munawwar Mohamed Mufeeth No.55/7, Kohilawatta, Angoda.

3. Mohamed Razik Mohamed Nadeer No.102/2, Donel Perera Mawatha, Kohilawatta, Wellampitiya.

4. Mohamed Farook Mohamed Riyadh No.66/1/1, Donel Perera Mawatha, Kohilawatta, Wellampitiya.

5. Mohamed Farook Mohamed Miraz No.40/1A, Araliya Mawatha Kohilawatta, Angoda.

Respondents Before: M. T. MOHAMMED LAFFAR, J.

P. KUMARARATNAM, J.

Counsel: N.M. Riyaz for the Petitioners.

Muneez Thoufeek with K.A.W. Rinoshaw, Ms. Vishvi A. Azundathi, instructed by Naszeen Naushadh for the Respondents.

Argued on: Disposed by way of written submissions.

Written Submissions on: 18.03.2024 by the Petitioner

19.03.2024 by the Respondent Decided on: 01-08-2024 MOHAMMED LAFFAR, J.

The Petitioners, in terms of Article 143 of the Constitution of the Democratic Socialist Republic of Sri Lanka, having invoked the jurisdiction of this Court, seeks injunctions as prayed for in the prayers to the Petition. Article 143 reads thus;

“The Court of Appeal shall have the power to grant and issue injunctions to prevent any irremediable mischief which might ensue before a party making an application for such injunction could prevent the same by bringing an action in any Court of First Instance:

Provided that it shall not be lawful for the Court of Appeal to grant an injunction to prevent a party to any action in any court from appealing to or prosecuting an appeal to the Court of Appeal or to prevent any party to any action in any court from insisting upon any ground of action, defence or appeal, or to prevent any person from suing or prosecuting in any court, except where such person has instituted two separate actions in two different courts for and in respect of the same cause of action, in which case the Court of Appeal shall have the power to intervene by restraining him from prosecuting one or other of such actions as to it may seem fit.”

The substantial reliefs prayed for in the prayers to the petition, inter-alia, are as follows;

1. Issue an injunction restraining the Respondents from blocking access to the College by padlocking the access gate, entering the premises of the College, disconnecting water and electricity to the College, interfering, threatening, abusing or doing any act that impedes or obstructs the Petitioners from managing and administering the College till the final determination of Case No. WB/9433/2023 of the Wakfs Board of Sri Lanka.

2. Grant a declaration that the Respondents are not entitled to assume the office of Trustees of the Kohilawatte Jumma Mosque till the Instrument of Appointment is issued by the Wakf Board of Sri Lanka.

3. Issue an injunction restraining the Respondents from interfering, threatening, abusing or doing any act that impedes or obstructs the 1st, 2nd, 4th,5th, 6th and 7th Petitioners' right from managing and administering the Kohilawatte Jumma Mosque till the final determination of Case No. WB/9433/2023 of the Wakfs Board of Sri Lanka.

On 11-08-2023, having scrutinized the Petition, affidavits, documents and the submission of the learned Counsel for the Petit