R. Nelson Seneviratne v. T.A.S. Sampath Sugathadasa et al. – CA NO. 880/97 F -2016

In the case between R. Nelson Seneviratne (Plaintiff-Appellant) and T.A.S. Sampath Sugathadasa, V. Padmini Nissanka, N.D. Nissanka, G.P. Nissanka (Defendants-Respondents), the court addressed the validity of partition proceedings concerning land described as “Kukuldeniyahena” alias “Alawathupitiyahena.” The main issue involved whether proper legal procedure was followed when the subject matter of the partition action was expanded to include a larger area and whether the mandatory registration of a lis pendens for the expanded portion was duly carried out. It was held that failure to register a new lis pendens for the expanded land constituted a substantive procedural deficit that invalidated the district court decree, requiring recommencement of proceedings limited to the originally descri