The High Court has determined that it cannot issue a stay order preventing the sentence from being carried out until the High Court rules on the Civil Court’s decision that the sublease agreement issued to Save the Dream to operate Rihiveli Resort was legally annulled.
On August 31, the Civil Court ruled that Mahal Tours had properly cancelled the sublease agreement. Save the Dream filed an appeal with the High Court, and the High Court requested that the civil court’s ruling be stayed pending the result of the lawsuit.
The High Court made its decision on the temporary injunction yesterday, stating that filing an appeal will not prevent the lower court’s ruling from being carried out. The High Court stated that it was the burden of the person seeking to postpone the execution of the sentence to demonstrate to the court that the loss of the sentence would be greater than the harm caused by the postponement.
The High Court, on the other hand, stated that Save the Dream had not adequately described the situation to the court.
Despite the fact that Save the Dream is in the interest of the Rihiveli Resort sublease, the High Court recognized that the resort’s headlease was with Mahal Tours Private Limited. While the resort was subleased by the headlease of the resort, the court noted that questions have been raised about whether the rent had been paid to Mahal Tours.
Due to non-payment of rent, the island could be lost to the state, according to Mahal tours. So, even if the case was decided in either party’s favor, there would be no island to sublet. The Supreme Court considers the statement made by the Mahal Tours to be significant.
The statement of the High Court – “since there is a possibility that the rent has not been paid If an order is issued to delay the execution of the sentence as desired by the appellant, even if each party wins the case, the purpose of the sentence is likely to be not achieved.”
The conclusion, as a result, the High Court decided that it was not in the best interests of both parties to grant a stay order on the sentence’s execution. Save the Dream had requested the three judges presiding over the case at the High Court to grant an interim injunction delaying the execution of the sentence, but they unanimously decided not to do so.
The case was presided over by Judge Hassan Shafeeu, Judge Abdulla Hameed and Judge Ali Sameer. Mahal Tours has given over control of the resort to another party while the case is being reviewed in the High Court.