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2024 Supreme(SRI)(CA) 864


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 and in terms of Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
CA Case No: RII/102/2024 Nations Trust Bank PLC, DC Colombo Case No. No. 242, DSP/275/2019 Union Place, Colombo 02.
Petitioner Vs.
1. Shiraj Mario Nesaduray, No. 22, Crestwood, Hokandara Road, Thalawathugoda.
2. Rukmal Susantha Dias, No. 269 B, 4th Lane, Shanthipura, Thalawathugoda.
3. Kishani Mahawalathanna Jayawardhana Dias, No. 269 B, 4th Lane, Shanthipura, Thalawathugoda.
Respondents AND NOW BETWEEN
2. Rukmal Susantha Dias, No. 269 B, 4th Lane, Shanthipura, Thalawathugoda.
3. Kishani Mahawalathanna Jayawardhana Dias, No. 269 B, 4th Lane, Shanthipura, Thalawathugoda.
Respondent- Petitioners Vs.
Nations Trust Bank PLC, No. 242, Union Place, Colombo 02.
Petitioner- Respondent Shiraj Mario Nesaduray, No. 22, Crestwood, Hokandara Road, Thalawathugoda.
1st Respondent- Respondent Before: R. Gurusinghe J.
&
M.C.B.S. Morais J.
Counsel: Niranjan De Silva with Shynika A. Perera instructed by Subhashini Pathiranage for the 2nd, 3rd Respondent-
Petitioners.
Supported On: 19.12.2024 Decided On: 20.12.2024

Advocates:
Niranjan De Silva with Shynika A. Perera instructed by Subhashini Pathiranage for the 2nd, 3rd Respondent Petitioners.

ORDER

R. Gurusinghe J.

Having considered the submissions and the materials presented to this court on behalf of the Petitioner, we are convinced that there is a prima facie case to be looked into.

Therefore, as per Prayer “a” notice should be issued to the Respondent and as for prayer “f” an interim order is granted staying the further proceeding in the case bearing No.DSP/275/2019, which will be only operative until the next date.

Mention on 31st of 1December 2024.

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