Mohottige Nomis Perera et al. vs Kariyawasam Gamage Piyasena et al. – CA NO: 710/99-2014

In the partition action between (Deceased) Mohottige Nomis Perera and several others (as Plaintiffs) and Kariyawasam Gamage Piyasena and others (as Defendants), the court examined the central issue of determining the accurate subject land and its correct extent to be partitioned in “Nillagahawatte.” It was held that the alternative survey plan accurately represented the land boundaries, and procedural objection to the appeal was dismissed on the basis that notices and petitions of appeal were filed within the prescribed legal period. The principle reaffirmed is that evidentiary documentation from court and postal records governs compliance with statutory filing deadlines, prevailing over potentially inaccurate journal entries. Reliance was placed on the Partition Law and established proced