Kahandawala Arachchige Indrawansha vs Kahandawala Arachchige Rupasiri – SC APPEAL NO. 26/2016-2020

In the case between Kahandawala Arachchige Indrawansha and Kahandawala Arachchige Rupasiri, with Mahakumbure Gedara Sandamali Thilakarathne as an intervening party, the Supreme Court addressed the legality of a High Court order which had revised and set aside a District Court partition judgment and decree. The dispute centered on the execution of a writ of possession, alleged establishment of a servitutal right of way, and the scope of the High Court’s revisionary powers in the presence of alternative remedies. It was determined that the High Court erred by granting relief on inadequate evidentiary grounds and misapplying its revisionary jurisdiction, particularly concerning the establishment of servitude by prescription or necessity. The Supreme Court set aside the High Court’s order, rei