M.M. Gunaseeli Menike et al. vs M.M. Podibandara et al. – CA APPEAL NO. 855/1998-2013

In the case between M.M. Gunaseeli Menike and others (Plaintiffs) and M.M. Podibandara (deceased, substituted by M.M. Dingiri Bandara) and others (Defendants), the court addressed whether the District Judge’s order dated 28.09.1998, which permitted certain parties to be recognized as heirs of the original 4th defendant in a partition action, complied with the mandatory procedural requirements of Section 48(4)(c) of the Partition Act No. 21 of 1977. It was determined that the District Judge failed to grant “special leave” as statutorily required before making a final order on the application. The appellate findings clarified that Section 48(4)(c) mandates granting of special leave following inquiry prior to any final decision on claims to heirship. The impugned order was accordingly varied