M. Suraweera vs W. Kumarasinghe Alias Samarasinghe – CA NO.1244/98-2013

In the case between M. Suraweera (Plaintiff-Respondent) and W. Kumarasinghe Alias Samarasinghe (Defendant), along with additional defendants including the 3rd Defendant-Appellant and Defendants 4A to 4D, 5th, and 6th Defendant-Respondents, the court addressed the issue of the 3rd Defendant-Appellant’s entitlement to a share of property in a land partition action based on certain deeds. It was held that when only some parties have appealed, and others did not contest the trial court’s allocation of shares, an agreement between appealing parties on share distribution may be judicially recognized. The principle reaffirmed is that settlement agreements regarding partition shares may be ordered when non-appealing parties have not maintained active challenges or appeals against original allocati