Para Mullage Don Udaya Manoj Kumara vs Koholpita Pathiranalage Sumanarathna – CA PHC 207/2004-2013

In the case between Para Mullage Don Udaya Manoj Kumara (Appellant) and Koholpita Pathiranalage Sumanarathna and Others (Respondents), the issue concerned the determination of the correct width of a roadway at its entrance from the main road. The holding established that the roadway entrance must have a width of 19.6 feet, while the remainder should be 12 feet wide, resolving the ambiguity in lower court orders. The principle reaffirmed is that judicial findings must reflect clear and consistent factual determinations when demarcating the extent of common property or thoroughfare rights. The decision was based on a review of the orders from both the Magistrate and High Court Judge and emphasized the necessity for clarity in judicial measurements affecting property access.

Rohini Marasingh