Dasanayake Mudiyanselage Ariyarathne vs Dasanayake Mudiyanselage Somaweera – CA PHC/89/2015-2018

In the case between Dasanayake Mudiyanselage Ariyarathne, Thusitha Priyanka Ariyarathne, and Dasanayake Mudiyanselage Somaweera, the court addressed the issue of entitlement to a right of way over certain land. It was held that the 1st Party Respondent failed to establish a legal right of way, reaffirming the principle that mere physical existence of a roadway does not confer a legal entitlement without requisite legal proof. This decision relied on the Primary Courts Procedure Act and supporting precedents, emphasizing that appellate review in revision is confined to questions of legality, propriety, and regularity, and that appellate interference is unwarranted in the absence of clear error. The order restored the original decision of the Primary Court and set aside the order of the Prov