Ananda Sarath Paranagama Vs. Dhammadhinna Sarath Paranagama and others – CA PHC APN 117/2013-2014

In the case between Ananda Sarath Paranagama (Petitioner) and Dhammadhinna Sarath Paranagama, Kamitha Aswin Paranagama, and the OIC, Habaraduwa Police Station (Respondents), the court addressed whether the Provincial High Court erred in refusing to exercise revisionary jurisdiction due to the petitioner’s failure to demonstrate exceptional circumstances. Central issues included the standard and form of proof required for a declaration of entitlement to use a right of way under Sections 66 and 69 of the Primary Court Procedure Act, and the nature and extent of the Magistrate’s jurisdiction regarding servitude and ancillary orders. It was held that revisionary jurisdiction is an exceptional remedy and must only be exercised in the presence of compelling or special circumstances. The court de