Katukurunda Hewa Managae Sajith Prasanna vs Thalpe Ahangamage Darshani Dammika – CA/RII/0017/2020-2025

In the case between Thalpe Ahangamage Darshani Dammika (plaintiff-respondent) and the substituted 1A defendant petitioner (representing the deceased 1st defendant) along with other parties, the court addressed the validity of a prior settlement in a partition action concerning land division. The main issue considered was whether the petitioner’s rights were substantially prejudiced and if exceptional circumstances under Article 138(1) of the Constitution justified the grant of Restitutio-in-Integrum. It was held that the petitioner failed to substantiate allegations of fraud, mistake, or prejudicial irregularity affecting the initial partition settlement. The decision reaffirmed that a settlement reached in accordance with established legal procedures will not be disturbed in the absence o

REF: CA/RII/0017/2020-2025 Category: Tag:
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