Sathyajith Deshabandu Welaratne vs H. Damayanthi Samarasekara – S.C. Appeal No. 217/2014-2025

In the matter of an appeal concerning the common access roadway ‘Jayaweera Mawatha’, the Plaintiff sought a declaration of entitlement and removal of obstructions, while the Defendants asserted private ownership and abandonment of servitude. The Supreme Court affirmed the Civil Appellate High Court’s decision, establishing that both parties possessed valid rights of way over the disputed road reservation. It was determined that the lower courts’ factual considerations were relevant and that no abandonment of servitude had occurred. The principle that an individual without soil rights over a road reservation cannot impede another’s use of a right of way was reiterated. The appeal was dismissed, and costs were awarded to the Plaintiff.

ACHALA WENGAPPULI, J. – The Civil Appellate High Cour