Gode Withanage Ariyaratne and 3 others vs Gode Withanage Francina and 3 others – CA 2023/2001-2011

The case between Gode Withanage Francina (Plaintiff-Respondent) and Gode Withanage Aralinahamy & others (Defendant-Respondents), with Gode Withanage Ariyaratne alias Ariyaratne Withanage & others as Intervenient-Petitioners, concerned whether the Intervenient-Petitioners—allegedly children of Bamis/Barnis Appu, who was claimed in the original partition action to have died unmarried and without issue—were wrongly excluded from proceedings regarding the land known as “Guruwalayahena.” It was determined that the interlocutory and final decrees entered by the District Court did not adequately consider the claimed heirs and their documentary evidence. Legal principles of preventing injustice, especially where collusion or a miscarriage of justice is suggested, were reaffirmed. Relying on powers