005-NLR-NLR-V-62-DAVITH-APPUHAMY-Appellant-and-PEDURU-NAIDE-Respondent.pdf
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BASNAYAKE, C.J.—Davith Appuhamy v. Peduru N aide
Present : Basnayake, C.J., and Sansoni, J.
DAVITH APPUHAMY, Appellant, and PEDURU NAIDE, Respondent
S.C. 31 Inty.—D. C. Kurunegala, 8437jP
Appeal—Arbitration by Court—Right of appeal.
Where, in an action, relating to a land, the parties agreed to be boundby the order which the Court would make after inspection of the land,without any evidence being recorded—
Held, that the order of the Court made in accordance with the agreementcould not be appealed from.
Appeal from an order of the District Court, Kurunegala.
D. C. W. Wickremasekera, for 1st Defendant-Appellant.
Felix Dias, with N. R. M. Daluwatte, for Plaintiff-Respondent.
July 21, 1958. Basnayake, C.J.—
In this action the parties invited the Court to inspect the land. Therelevant portion of the journal entry of 28.9.56 reads—
“ All parties desire the court to inspect the land and to give a decisionwithout any evidence being recorded. They also agree to be bound bythe order the court will make after the inspection.
On this specific undertaking given by all parties I consent to inspectthis land. Inspection on 2.10.56. These terms are notified to all theparties who accept them by signing the record.5’
It would appear from the following journal entry of 18.1.57 thatthe inspection did not take place on 2.10.56 for some reason whichdoes not appear on the record and that after obtaining the freshconsent of the parties the Court fixed another date for inspection.
“ Parties agree that the Court should inspect on the same termsagreed to by them on 28.9.56. An inspection is fixed for 21.1.57subject to the weather being fair.”
After inspection the learned District Judge made his order. Thisappeal is from that order.
A preliminary objection is taken to this appeal on the ground that noappeal lies from the order appealed from. Learned counsel cites insupport of his objection the cases of Babunhamy v. Andris Appu1 andGunaralne v. Andradi2. We are in entire agreement with the decisionscited by counsel.
We therefore uphold the preliminary objection and reject the appealwith costs.
Sansoni, J—I agree.
Appeal rejected.
1 5 Balasingham' a Reports p. 89.
2 3 Court of Appeal Cases 09.