K. Piyadasa Fonseka vs K. Wilbert Fonseka et al – CA 1024/96-2012

The case between K. Piyadasa Fonseka (Plaintiff) and K. Wilbert Fonseka, Athuraliya Hathdura Patabandige Karunathilake, Kebeliyapola Liyanage Karunawathie, W.A.A. Patabandige Alfred Silva, and Pussewala Kankanamage Piyadasa (Defendants) addressed the issue of whether the trial court acted in accordance with the law by issuing a judgment and interlocutory decree that partitioned the subject property as described in the plaint, while leaving certain portions unallotted due to claims of prescription by the 4th and 5th defendants. It was determined that the decision to leave shares unallotted was proper in circumstances where prescription was not established and where prior interests of absent parties existed. The legal principles reaffirmed include the court’s responsibility under Partition L