D A Somaratna vs E M Gunapala Edirisingha – CA PHC 66/99-2012

In the case between D.A. Somaratna (Appellant/2nd Party Petitioner) and E.M. Gunapala Edirisingha (1st Party Respondent), the court examined whether the High Court properly dismissed a revision application challenging a Magistrate’s order under Part VII of the Primary Court Procedure Act No. 44 of 1979 concerning a land possession dispute. The underlying issue centered on whether sufficient evidence regarding possession and boundaries existed to justify intervention. The Magistrate, following inquiry, found the evidence insufficient to determine possession or boundaries, and therefore made no order under section 68. The High Court dismissed the revision citing “no special circumstances,” and the Court of Appeal affirmed that no exceptional grounds existed to warrant overturning the previou