Rajapakse Vithanalage Roosan Nona and five others vs Newton Dabare – 1087/96-2013

In the case between I. Rajapakse Vithanalage Roosan Nona and others (Plaintiffs) and Newton Dabare (9th Defendant-Petitioner-Appellant) and Nape Vithange Buddhasiri Gunapala (3rd Defendant-Respondent), the court addressed whether an application for a writ of possession under Section 52 of the Partition Law is subject to a ten-year limitation period and whether the District Judge’s refusal to set aside the grant of writ of possession, despite alleged lack of notice and timing of execution, was correct. It was held that Section 52 of the Partition Law does not impose any time limitation for applying for a writ of possession, and the general limitation applicable under the Civil Procedure Code does not govern such applications. The court reaffirmed the principle that delivery of possession in