Dasanayake Mudiyanselage Ariyarathne and others Vs. Dasanayake Mudiyanselage Somaweera and others – CA PHC/89/2015-2015

In the matter between Dasanayake Mudiyanselage Ariyarathne and Thusitha Priyanka Ariyarathne (2nd Party Respondent-Appellants) and Dasanayake Mudiyanselage Somaweera, Jayasooriya, Dharmarathne, Wijewardane, Senevirathne, and Jayathissa (1st Party Respondent – Petitioner – Respondents), the key issue concerned the entitlement to a right of way across the land in dispute. The sequence of proceedings began with the Primary Court determining that the 1st Party Respondent failed to establish a legal right of way. Upon revision, the Provincial High Court overturned this finding and granted the right of way. On appeal, it was ultimately held that the Provincial High Court had erred by conflating the existence of a roadway with legal entitlement and by exceeding its revisionary jurisdiction where