Vidana Gamage Prema Padmini Renuka vs. KadawathaKankanamalage Wijesena (Deceased) et al. – CA/RII/35/2023-2024

The case between Vidana Gamage Prema Padmini Renuka (plaintiff) and KadawathaKankanamalage Wijesena (deceased), Tilak Dewapriya, and others (defendants) addressed the validity of partition action decrees in light of alleged procedural defects, specifically regarding the registration of the lis pendens. It was held that irregularities in such registration undermine the conclusiveness and finality of prior interlocutory and final partition decrees, particularly when parties were omitted from the original proceedings. The key legal principle reaffirmed is that strict adherence to procedural safeguards in partition actions is essential to ensure the protection of rights and the integrity of judicial finality. This decision extensively relied on Article 138(1) of the Constitution, the Partition