Ranasinghe Arachchige Munidasa v. Kitulampitiye Jinawarawansa Thero – 1259/2006-2017

In Ranasinghe Arachchige Munidasa v. Habarakada Samitha Thero, the court addressed the issue of entitlement to a right of way over Lot 5 in Plan No. 364, focusing on whether the plaintiff was entitled to exclusive use or if the access road serves as a common way, and whether the width of the road had been unlawfully encroached upon. The findings established that the right of way exists as a common access road with a width of 6 feet, as per the partition plan, and that no unlawful encroachment by the defendant was proved. The District Judge’s order, which dismissed the plaintiff’s application for re-execution of writ to remove the alleged obstruction, was affirmed, reiterating that evidence did not justify further alteration of the boundaries or removal of existing permanent structures. Thi