R. R. N. Wijegunawardene vs K. Don Leslie Bandula Kumarasiri – CA 20/1998-2011

In the case between K. Don Leslie Bandula Kumarasiri (Plaintiff-Respondent) and R. R. N. Wijegunawardene, widow of deceased 4th Defendant (Petitioner-Appellant), with S. Ramanie Kannangara and others (Defendant-Respondents), the court addressed whether the widow of the 4th Defendant was entitled to set aside the District Court’s order and judgment in a partition suit and request a new trial. It was determined that, due to the absence of timely objections as outlined by Section 48(4) of the Partition Act No. 21 of 1977 and the conclusive nature of partition decrees, there was no basis to disturb the District Court’s order. The principles affirming the finality of partition decrees were strengthened, including reference to relevant case law. The impact of the decision ensures the enforceabil