Hettigoda Gamage Gnanawathi vs Hettigoda Gamage Sugathadasa – SC Appeal 44/2020 -2025

In the case between Hettigoda Gamage Sugathadasa and Hettigoda Gamage Gunadasa (plaintiffs) and Hettigoda Gamage Gnanawathi (defendant), the court addressed whether a partition action can be sustained when its primary objective is securing a 10-foot-wide roadway access and the claim pertains only to a segment of a larger parcel. The holding established that the partition action was not maintainable as framed by the plaintiffs, confirming that partition proceedings must focus on an equitable division of the entire land based on proper title claims rather than facilitating a specific right of way. The findings relied on principles outlined in statutes and recognized precedents such as Jane Nona Vs. Dingirimahatmaya and Girigoris Appuhami Vs. Maria Nona, underscoring that the court’s role is