IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Restitutio-in-Integrum under Article

138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/RII/11/2023 WP/HCCA/COL/38/2023/LA D. C. Colombo Case No. DRE/08/2021 Anusha Elfi Gunasekara nee Corea No.47, Ananda Coomaraswamy Mawatha, Colombo 07.

Plaintiff Vs.

1. Eddie Wijesuriya, 2. Razik Zarook, 3. Hiran Soysa, Trustees and Members on behalf of the Members of Circolo Amichevole Per Residenti Italini (Capri Club)

All of No.62, Dharmapala Mawatha, Colombo 07. Defendants And between Anusha Elfi Gunasekara nee Corea, No.47, Ananda Coomaraswamy Mawatha, Colombo 07.

Plaintiff- Petitioner Vs

1. Eddie Wijesuriya, 2. Razik Zarook, 3. Hiran Soysa, Trustees and Members on behalf of the Members of Circolo Amichevole Per Residenti Italini (Capri Club)

All of No.62, Dharmapala Mawatha, Colombo 07.

Defendants- Respondents And now between

1. Mohan de Silva, Member of Capri Club, No.62, Dharmapala Mawatha, Colombo 03.

2. Manathunga Kithsiri Bandara, Member of Capri Club, No.62, Dharmapala Mawatha, Colombo 03.

Petitioners Vs Anusha Elfi Gunasekara nee Corea, No.47, Ananda Coomaraswamy Mawatha, Colombo 07.

Plaintiff-Petitioner-Respondent

1. Eddie Wijesuriya, 2. Razik Zarook, 3. Hiran Soyza, Trustees and Members on behalf of the Members of Circolo Amichevole Per Residenti Italini (Capri Club)

All of No. 62, Dharmapala Mawatha, Colombo 07.

Defendant-Respondent-

Respondents Before: Hon. D.N. Samarakoon, Judge of the Court of Appeal Hon. Neil Iddawala, Judge of the Court of Appeal Counsel: Upul Jayasooriya P.C. with Sandamal Rajapaksha, appears for the Petitioner Faizer Musthapha P.C. with Senaka De Seram and Pulasthi Rupasinghe, Thiran Ediriweera instructed by Mrs. S. Fonseka for the Respondent.

Written Submissions on: 08/06/2023 by the Petitioner

08/06/2023 by the Plaintiff- Petitioner-Respondent Date: 23.10.2023

ORDER

D. N. Samarakoon J., (01) Introduction:-

Friendly club for Italian residents is the English translation of “Circolo Amichevole per Residenti Italiani”, which by the initial letter of each word is known as “The CAPRI Club”. Incidentally, Capri is an island located in the Tyrrhenian Sea off the Sorrento Peninsula, on the south side of the Gulf of Naples in the Campania region of Italy. The main town of Capri that is located on the island shares the name. It has been a resort since the time of the Roman Republic. It is also said, that, “Capri is a feminine name and a place name associated with the island of Capri in Italy, [Capri Name Meaning, Origin, History, And Popularity (momjunction.com)]. The island is situated in the Gulf of Naples in southern Italy2. In Italian culture, capri translates to ‘impulsive change of mind’3.”

Anusha Elfi Gunasekara nee Corea instituted a Rent and Ejectment action against (1) Eddie Wijesuriya, (2) Razik Zarook and (3) Hiran Soysa on 09^th February 2021 claiming that they [the last said three] are trustees and members on behalf of the members of The Capri club.

2 Ibid 3 Ibid

The plaint prayed for ejectment of the defendants, the members of The Capri club, their servants, agents, employees, representatives and all those holding under them and for a permanent injunction restraining the above from in any way or manner running a club and or conducting the business of a club and or running a restaurant in the premises. The plaint prayed for an interim injunction too on the same basis. Although the district court of Colombo had issued an enjoining order, by order dated 23.02.2023 the learned Additional District Judge dismissed the application for an interim injunction. The plaintiff sought leave to appeal against this order in the Civil Appellate High Court of Colombo and the learned High Court Judges after an interpartes hearing on 06.04.2023 granted leave to appeal issuing an interim order, which has the same effect of the above interim injunction to be valid until the determination of the appeal whic