Jonikku Hewage Seetha et al. v. Weerasuriya Mohottalalage Punchi Menike et al. – CA PHC 64/2011-2011
In the case between Jonikku Hewage Seetha & Others and Weerasuriya Mohottalalage Punchi Menike & Others, the court addressed the issue of whether the Provincial High Court had properly affirmed the Primary Court’s order recognizing the Respondents’ entitlement to a disputed right of way over land, and whether the revisionary jurisdiction of the Provincial High Court was correctly exercised. The court held that the findings of both the Primary Court and the Provincial High Court were legally and procedurally sound, reaffirming the principle that Section 66 of the Primary Court Procedure Act confers preventive and provisional jurisdiction without determining permanent title or property rights, which require adjudication in civil proceedings. This decision relied on statutory interpretation o

