Clera Weerasinghe vs Gunapala Weerasinghe – CA NO. 1108/2000-2013

In the case between Clera Weerasinghe (Plaintiff) and Gunapala Weerasinghe, Ariyawathie Weerasinghe, S. Weerasinghe, Henegama Liyanage Upawansa, T.A.P.S. Babyhamine, Gunadasa Liyanage, Pemadasa Liyanage, Wimaladasa Liyanage, and Pemananda Liyanage (Defendants, including the 9th Defendant Appellant), the court addressed the issue of whether the 9th Defendant Appellant was entitled to have a previous Commissioner’s plan adopted in partition proceedings, particularly when no objections had been filed to the surveyor’s plans. It was held that failure to file objections to the surveyor’s plans precludes entitlement to challenge the final plan or seek adoption of an alternative earlier plan. The decision reaffirmed the principle that parties must utilize procedural opportunities to object at the