Ilangakoon Mudiyanselage Thilakarathne v. Ilangakoon Mudiyanselage Somapala – CA CASE NO. 520/2000-2015

In Ilangakoon Mudiyanselage Thilakarathne v. Ilangakoon Mudiyanselage Somapala and others, the court addressed the issue of whether an appeal could be maintained against an interim District Court order dated 29 August 2000, which required further evidence regarding the final partition plan in an action seeking partition of “Daluggale Henawatta.” It was determined that such an order did not constitute a final order under the Partition Law, and no final scheme of partition had yet been confirmed. The holding reaffirmed the principle that appeals under Section 36A of the Partition Law No. 21 of 1977 (as amended) are only available following a final decree of partition. This relied on the statutory framework of the Partition Law, emphasizing that premature appeals from non-final orders are not