Kodituwakku Shelton Ariyaratne vs. Jayanthapriya Sarath Abeynayake et al. – CA NO.596/97-1997

In the case between Jayanthapriya Sarath Abeynayake (and others) and Kodituwakku Shelton Ariyaratne (and others), the court addressed the entitlement of the 6th Defendant/Appellant to a share of land following a court-sanctioned settlement. It was held that the appellant, having accepted a settlement order granting 10 perches including the house she occupied, was bound by the terms of that settlement and not entitled to a larger share. The principle reaffirmed was that a settlement order duly entered with legal representation in partition proceedings is final and binding, and may not be challenged on appeal but only through appropriate restitutionary remedies if necessary. This decision was based on the Partition Law, Section 12, and authorities such as Somawathie v. Madawela, Nandawathie