Mestiyage Don Kaminda Thushara Gunatilake Vs. Wewitage Chandrika Priyanthi Rodrigo and others – CA RII/0016/2016-2016

In the case between Mestiyage Don Kaminda Thushara Gunatilake (Petitioner) and DC Panadura, Wewitage Chandrika Priyanthi Rodrigo (“Sewana”), Thilaka Ethal Perera (nee De Silva), and other respondents, the court addressed the issue of whether the Northern boundary of the land in dispute, as shown in plan X.13, was shifted northward from the boundary indicated in the Preliminary Plan (X.2A) and whether this justified revision of the partition decree. It was held that sufficient controversy existed regarding the inclusion of purportedly extraneous land, warranting the exercise of revisionary powers and restitutio in integrum to ensure the proper identification of land in a partition action. The principle reaffirmed is that boundaries established by court-approved plans must be strictly adhere