Lindamulage Paul Jesudasa De Silva vs. Rambukkanage Lesman Fernando – SC APPEAL 232/2016-2023

In the case between Lindamulage Paul Jesudasa De Silva (Plaintiff) and Rambukkanage Lesman Fernando (Defendant), the court addressed the issue of entitlement to a right of way by prescription and the propriety of issuing a subsequent writ for possession after significant delay. It was held that the Plaintiff’s application for a fresh writ under Section 325 of the Civil Procedure Code was time barred, as the statutory requirements concerning timeliness and proof of “complete and effectual possession” were not met. The principle reaffirmed is that judicial discretion under the Civil Procedure Code must be exercised within the framework of statutory time limits, and parties must seek redress promptly when adverse possession or obstruction is alleged. Reliance was placed on the strict interpre