Angulugaha Gamage Nandawathie vs Ahangama Liyanage Sumanadasa – CA 993/97F-2011

The case between Angulugaha Gamage Nandawathie (Plaintiff-Appellant) and Ahangama Liyanage Sumanadasa (Defendant-Respondent) concerned whether an appeal is maintainable after the parties expressly agreed to abide by the District Judge’s decision following a judicial site inspection regarding a scheme of partition. It was determined that such agreements result in a waiver of the right to appeal, and that a judge’s site inspection is permissible where the Partition Law is silent, by reference to the Civil Procedure Code. The findings reaffirmed the principle that parties can waive appellate rights by consent, based on precedents including Suriyapperuma v Senanayake and Walliamma v Selliah, with the decision confirming that no appeal lies in these circumstances and that such process does not