Hangamuwa Gamage Andrayas vs Tuppahige Don Andriyas – CA CASE NO. 1116/98-2013

In the case between Substituted Plaintiff-Respondents (Thuppahige Don Hendrik and others, representing Tuppahige Don Andriyas, deceased) and the 4th and 5th Defendant-Appellants (Hangamuwa Gamage Andrayas), the court addressed the partition of land, specifically whether the partition corpus should be limited to Lot No. 1 of Plan No. 1765 and the allocation of a portion of the plaintiffs’ share to the appellants as part of a settlement. It was held that the corpus is to be restricted as agreed and a portion of the Substituted Plaintiff-Respondents’ share (Lots A & B in Plan 2460) is to be allocated to the 4th and 5th Defendant-Appellants in accordance with the parties’ settlement. The principle of finalizing court decrees according to consensual settlements between parties was reaffirmed, a