Warnakula Aditya Arsaneela Itta Mahamuhandiramge Hilda Ponse Dondeenu vs Warnakulasuriya Joseph Luise Tissera – CA APPEAL NO: 1299/98-2013

In the case between Warnakula Aditya Arsaneela Itta Mahamuhandiramge Hilda Ponse Dondeenu and Warnakulasuriya Joseph Luise Tissera, Warnakulasuriya Aloysius Tissera, the court considered whether an appeal challenging the District Judge of Marawila’s order, confirming the final partition plan, could proceed without having first obtained leave from the Court of Appeal as mandated by Section 36(A) of the Partition (Amendment) Act No. 17 of 1997. It was held that strict compliance with this statutory requirement is necessary, and failure to obtain or apply for such leave precludes the appeal from proceeding. This decision reinforces the principle of mandatory statutory procedure under the Partition Law, highlighting that disregard for procedural prerequisites negates the right of appeal in suc