R. Malkanthi Silva vs L.G.R.N.Perera – SC/APPEAL 181/2010-2024

In the case between the purchaser of lot 28 (the Appellant, who affixed a gate obstructing lot 30) and the adjoining landholder (the Respondent, who historically accessed and used lot 30 as a roadway), the court considered whether the Primary Court possessed jurisdiction to issue a provisional order granting right of way without determining full ownership. It was held that a temporary entitlement to use lot 30 could be validly awarded to maintain public order and prevent breaches of the peace, distinct from a determination of ownership rights. The legal reasoning relied on statutory interpretation of Sections 66 and 69 of the Primary Courts’ Procedure Act and relevant precedent, establishing that interim relief may be granted for prevention of disorder without finally resolving proprietary