Krishnamoorthi Sivakumar vs. Fathima Johara Packer – CA (PHC) 122/2018-2022

In the case between Krishnamoorthi Sivakumar and Fathima Johara Packer, the court considered whether the petitioner was entitled to a right of way over specified portions of land and the lawfulness of orders issued under Section 66(1)(b) of the Primary Courts’ Procedure Act No. 44 of 1979. The proceedings stemmed from the petitioner’s claim of right of way, the respondent’s obstruction, and subsequent relief granted by the Magistrate’s Court and affirmed, with variation, by the High Court. It was held that such orders are provisional and aimed at preserving public peace, not resolving substantive property rights, which must be addressed by competent civil courts. The dismissal of the appeal and revision was based on the finding that no manifest illegality or injustice was demonstrated in t