IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application made under and in terms of section 46 of the Judicature Act No. 02 of 1978 for the transfer of the Application bearing No WP/HCCA/MT/59/2024/LA presently before the Civil Appellate High Court of Mount Lavinia.

Periannanan Surendran “Datam Paradise”

CA/TRANSFER APPLICATION NO.

No. 19/1/3, Lauries Lane, 10/2024 Colombo 04.

Civil Appellate High Court (Mount Lavinia)

Application No. PLAINTIFF WP/HCCA/MT/59/2024/LA Vs.

DC (Colombo) Case No. DDV/290/2024 Kirthana Krishnakumar Empire Residencies, No. 51A 14/2 Tower A, Braybrooke Place, Colombo 02.

DEFENDANT AND In the matter of an application under and in terms of section 621 of the Civil Procedure Code (as amended)

Periannanan Surendran “Datam Paradise”

No. 19/1/3, Lauries Lane, Colombo 04.

PLAINTIFF- PETITIONER Vs.

Kirthana Krishnakumar Empire Residencies, No. 51A 14/2 Tower A, Braybrooke Place, Colombo 02.

DEFENDANT- RESPONDENT AND In the matter of an Application for Leave to Appeal in terms of Section 754 (2) of the Civil Procedure Code read together with section 757 thereof and Section 5 (a) and (b) of the High Court of the Provinces (Special Provisions) (Amendment) Act No. 54 of 2006 against the order dated 24.07.2024 of the Learned Additional District Judge of Colombo.

Periannanan Surendran “Datam Paradise”

No. 19/1/3, Lauries Lane, Colombo 04.

PLAINTIFF- PETITIONER PETITIONER Vs.

Kirthana Krishnakumar Empire Residencies, No. 51A 14/2 Tower A, Braybrooke Place, Colombo 02.

DEFENDANT- RESPONDENT-

RESPONDENT AND NOW Kirthana Krishnakumar Empire Residencies, No. 51A 14/2 Tower A, Braybrooke Place, Colombo 02.

DEFENDANT- RESPONDENT-

RESPONDENT- PETITIONER Periannanan Surendran “Datam Paradise”

No. 19/1/3, Lauries Lane, Colombo 04.

PLAINTIFF- PETITIONER PETITIONER- RESPONDENT Before: Sobhitha Rajakaruna J.

Counsel: Faiszer Musthapha PC with Pulasthi Rupasingha instructed by Sanjaya Fonseka for the Defendant- Respondent- Respondent- Petitioner.

Ikram Mohommed PC, Jagath Wickramanayake PC with Niranjala Gunathilaka instructed by Ramzi Bacha Associates for the Plaintiff- Petitioner- Petitioner-

Respondent.

Supported on: 29.08.2024 Decided on: 10.09.2024 Sobhitha Rajakaruna J.

The instant Application has been filed by the Petitioner (Kirthana Krishnakumar), seeking an order transferring the leave to appeal application bearing No. WP/HCCA/MT/59/2023/LA filed in the High Court of the Western Province (holden in Mount Lavinia) exercising Civil jurisdiction. The said leave to appeal application has been filed by the Respondent (Periannanan Surendran) against the Order of the learned Additional District Judge of Colombo dated 24.07.2024 and also to get the said order varied to have the benefit of reasonable and sufficient unsupervised/ unrestricted access to the child. The learned Additional District Judge has delivered the said Order dated 24.07.2024 as an interim measure until the conclusion of the inquiry regarding the application under Section 621 of the Civil Procedure Code, in the divorce proceedings bearing No. DDV/290/2024.

The primary contention of the Petitioner is that there is no justifiable reason for a leave to appeal application from an Order of the District Court of Colombo to be preferred to the said High Court of Mount Lavinia. The Petitioner argues that the Respondent has not demonstrated any cogent grounds for not preferring a leave to appeal application to the High Court of the Western Province (holden in Colombo) (exercising Civil jurisdiction). However, the Petitioner moves that the said leave to appeal application filed in the said High Court of Mount Lavinia be transferred to the said High Court of Colombo, in terms of in terms of Section 46 (1) (d) of the Judicature Act No. 2 of 1978 The Respondent contends that the transfer of cases referred to in Section 46 of the said Judicature Act contemplates the transfer of cases from one original court to another original court and it does not dea