Hissalla Kankanamge Wimalsena and Padukka Vidhanalage Amarawathi vs Kathriachchi Pinnawalage Sunil Padmasiri and Kathriachchi Pinnawalage Chaminda Pushpakumara – CA PHC 212_2018-2023

In the case between Hissalla Kankanamge Wimalsena, Padukka Vidhanalage Amarawathi (Petitioners), and Kathriachchi Pinnawalage Sunil Padmasiri, Kathriachchi Pinnawalage Chaminda Pushpakumara (Respondents), the court addressed the issue of whether orders issued under Section 66(1)(b) of the Primary Courts’ Procedure Act No.44 of 1979 properly maintained public peace without undertaking a full investigation into ownership or possession. It was held that these provisional orders were appropriate instruments to prevent breaches of the peace, reaffirming the principle that questions regarding title and legal possession must be adjudicated by competent civil courts rather than in summary proceedings before primary courts. The holding relied on statutory requirements under the Primary Courts’ Proc