Dhammearachchige Don Dayaratne vs Wattegedera Nandawathie Perera – CA NO: 1305/01-2012

In the case between Dhammearachchige Don Dayaratne (deceased), Gamachchige Vithanage Helen Perera, Pathma Malanee Nagoda Vithanage (petitioners) and Wattegedera Nandawathie Perera (deceased) along with Rajapaksa Kankanige alias Mohottige David alias Jamis and others (defendant-respondents), the issue concerned an application for revision and/or restitutio in integrum under Article 138 of the Constitution of Sri Lanka. The primary dispute focused on identification and extent of the subject estate, specifically as to whether the “corpus” should be limited to lot 2 of plan 578. Both parties appeared in court and presented joint terms of settlement, agreeing that the estate at issue be confined to lot 2 of plan 578. Pursuant to this agreement, the Court directed the District Judge to amend the