Back
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
N. Bandula Karunarathna, P/CA, B. Sasi Mahendran, JJ
Pathiranage Nayana Pushpakumari Pathirana – Appellant
Versus
Hon. Minister Prasanna Ranathunga Hon. Minister of Urban Development and Housing and others – Respondent
B. Sasi Mahendran, J
This Order pertains to whether the amendment to the petition should be allowed or not.
The Petitioner has filed this application by petition dated 13.01.2023, seeking inter alia a writ of Certiorari annulling the deed No. 248 annexed to the petition marked P11 and annulling the Plan No. 145 marked as P10 annexed to the Petition and issue mandamus directing the 6th to 8th Respondents to issue a Deed of Transfer to the Petitioner and to move for interim reliefs.
On behalf of the 9th and 10th Respondents, a motion was filed on 24.07.2023, and moved to support this matter on 26.07.2023. In the said motion, it was revealed that the Petitioner in fact has invoked the jurisdiction of this Court in respect of the same subject matter by instituting the action in case No. CA/WRIT/221/2021. The 9th and 10th Respondents in the present case were the 8th and 9th Respondents in the said case.
When the said case was taken for support on 16.12.2022, the Petitioner has unconditionally withdrawn the said application without reserving any right to file a fresh application.
The Respondents brought to the attention of the Court that this case was not mentioned in the present application.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
