Kalunayake Alawala Arachchige et al. vs. Munagama Achchilage Somadasa Perera et al. – CA 1351/2000-2022

In the case between the Plaintiff-Respondents (including parties such as the 3rd and 17th (a) Defendant-Appellants) regarding the partition of Migahawatte alias Kongahawatha, the court addressed the fundamental issue of whether the subject land had been adequately identified for the purposes of partition. The sequence of events involved the District Court granting partition, which was subsequently appealed by the 3rd and 17th (a) Defendant-Appellants on grounds including the improper identification of the land and timing of certain objections. The court determined that identification of the land is an essential and mandatory requirement in partition actions and found the evidentiary basis—including survey reports and plans—insufficient for such identification. Relying on established princi