Seetha Siriwardena Vs. Premadasa Siriwardena and others – CA 404/97F-2012

In Seetha Siriwardena v. Premadasa Siriwardena, Dharmasena Siriwardena, and Sunil Siriwardena, the court addressed whether a non-party to a partition action is entitled to appeal an order granting writ of possession under Section 754 of the Civil Procedure Code. It was determined that only a party to the original action has the legal standing to appeal such an order, reaffirming the principle that appeal rights are statutorily limited to parties. The decision relied on a strict interpretation of Section 754, emphasizing that non-parties are precluded from appellate relief relating to partition decrees and resulting process.

A W Abdus Saam, J. — The findings established that the respondent-appellant, not being a party to the partition action, cannot invoke the right to appeal under Sectio