ORDER

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, 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.

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 in the District Court of Moratuwa, seeking to partition the land described in the schedule to the plaint. That action was filed in the District Court of Moratuwa on 30-04-2012. The respondent had failed to tender lis pendens until 14-07-2014. After that, the respondent failed to take steps 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 that he had no instruction from the plaintiff. The Learned District Judge then ordered the case to be laid by (නඩුව බහාතබමි).

The Learned Distri