J.K.A.Bandulasena & Hemalatha Abeysiri Munasinghe vs. Mahindrapala Nimmuniarachchi & Others – CA REV/10/16-2021

In the case between J.K.A. Bandulasena, Hemalatha Abeysiri Munasinghe (Plaintiff-Petitioners), and Mahindrapala Nimmuniarachchi, Indrani Hettiarachchi (Deceased, substituted by Gamage Lihan Geethmal Perera), among others (Defendant-Respondents), the court addressed whether the District Court’s adoption of the Final Scheme of Partition and its associated plans contravened statutory requirements, notably those of the Urban Development Authority (UDA) concerning land sub-division, and whether the Petitioners could invoke the revisionary jurisdiction of the Court of Appeal without exhausting appellate remedies. The application centered on allegations that the final plan precluded lawful development due to non-compliance with minimum lot size, road access dimensions, and the absence of a turnin