Venerable Viharadhipathi Mapalane Ananda Thero vs Wavlagala Kusumsiri De Silva and others – CA RII 07/2025-2025

In the case between Venerable Viharadhipathi Mapalane Ananda Thero vs Wavlagala Kusumsiri De Silva and others, the court addressed the legitimacy of a partition action concerning Pabalinawatta, focusing on discrepancies in land extent and the validity of a settlement reached at the Civil Appellate High Court of Galle. It was held that the court’s duty under Partition Law requires a thorough judicial investigation into the title and rights of all parties, precluding disposition by mere settlement without such inquiry. The decision reaffirmed that partition decrees demand a rigorous judicial process, referencing established legal precedent and statutory mandates. As such, the settlement and subsequent judgments were set aside, the original dismissal was reinstated, and extraordinary relief u

REF: CA RII 07/2025-2025 Category: Tag:
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