Sinhala Pedi Gedara Gunadasa and Doluwe Naranwala Gedara Ukku Amma vs. Rathmeewala Jayasinghe Gedara Seelawathie and Ranhawadi Gedara Saranelis – CA 1120/98 F -2013

In the case between Sinhala Pedi Gedara Gunadasa, Doluwe Naranwala Gedara Ukku Amma (plaintiffs) and Rathmeewala Jayasinghe Gedara Seelawathie, Ranhawadi Gedara Saranelis (defendants), the court addressed whether the appeal filed by the 1st Defendant-Appellant was procedurally valid under the Partition Act No — 17 of 1997 as amended. It was determined that a leave to appeal application, rather than a final appeal, was required to challenge the relevant order dated 09.12.1998. The court held that, upon the appellant’s concession of this procedural error, the application for withdrawal of the appeal was allowed and the appeal was dismissed without costs. The principle reaffirmed is that procedural compliance with statutory amendments is necessary for the maintenance of appeals under the Par