Stay order against Vishnu Devalaya
The Matara Civil Appellate High Court issued an order on Wednesday
staying an enjoining order issued by the Matara District Court that
prevented the Upulwan Sri Vishnu Dewalaya of Dewinuwara from holding its
Esala Salpila or any fair in the Devinuwara Pradeshiya Sabha area.
The Court issued the order after Basnayaka Nilame of Upulwan Sri
Vishnu Dewalaya, Kanchana Wijesekara filed an appeal before the Civil
Appellate High Court claiming that the respondents had suppressed
material facts and made to issue the enjoining order on July 20, 2009.
The Bench comprised Civil Appellate High Court Judges Padma
Palihakkara and Padmini N. Ranawaka Gunatilake.
In the appeal by Kanchana Wijesekara before the Civil Appellate High
Court cited the Devinuwara Pradeshiya Sabawa as the
Appellant Wijesekara stated that there was a tradition to conduct an
annual Esala Festival including a Esala procession and a Salpila at the
Devinuwara Upulawan Dewalaya from the time of King Parakramabahu II who
ruled in 1200 AD. He also stated the lands in Dewinuwara area had been
donated to Devinuwara Upulwan Dewalaya by kings of the past.
But the Devinuwara Pradeshiya Sabha filed a plaint before the Matara
District Court seeking an enjoining order preventing the Upulwan
Devalaya from holding the Esala Salpila or any fair in the Devinuwara
Pradeshiya Sabha area. The Pradeshiya Sabha also sought a declaration
that only the Pradeshiya Sabha was entitled to conduct an Esala Salpila
and any fair within the local limits of the Devinuwara Pradeshiya Sabha.
Wijesekara prayed before the Civil Appellate High Court to set aside
the order issued by the District Court in this connection.
President's Counsel Wijedasa Rajapakse and President's Counsel Razik
Zarook with Attorney Dasun Nagashena appeared for the appellant.