Matarage Upali Sarath Danstan Amarasiri v. Ethiligoda Vidana Gamage Menike Chandrika – CA CC 04/2017-2017

In the case between Matarage Upali Sarath Danstan Amarasiri (petitioner) and Ethiligoda Vidana Gamage Menike Chandrika and others (respondents), the court addressed whether the execution of a partition deed by the respondents after the earlier dismissal of a partition action among the same parties constituted contempt of court. It was held that dismissal of a partition action for want of title does not extinguish any actual title existing between the parties, nor does it preclude subsequent amicable partitioning of the property. The principle reaffirmed is that parties retain their respective rights to property unless specifically extinguished and that remedies for any alleged infringement resulting from a deed must be pursued through civil litigation. Reliance was placed on the interpreta