Wimalasena Bopage Vs. B. Gunawathi Kularathne And Others – CA PHC 282/2005-2005

In the case between Wimalasena Bopage (Respondent-Appellant) and B. Gunawathi Kularathne and others (Petitioner-Respondents), the issue concerned whether orders in relation to an alleged obstruction of a right of way used by the 2nd appellant should be set aside. It was held that the findings and orders previously made, including the removal of the obstruction, were valid and appropriate under Section 66 and Section 69(2) of the Primary Court Procedure Act No. 44 of 1979. The decision reaffirmed that proper application of legal procedure and remedial authority by superior courts to correct omissions at a lower court level are consistent with statutory obligations. The ruling underscored the importance of judicial review ensuring remedies are enforced when a lower court omits to grant a nec