M.S.M. Rifai v. Officer-in-Charge Police Station, Galle – CA PHC 236/2005-2016

In the case between M.S.M. Rifai (1st Party-Petitioner-Appellant) and D.S. De Silva Wijayasiri Gunawardena (2nd Party-Respondent-Respondent), the court considered whether a disputed passageway was subject to exclusive ownership and use by the Appellant or was for common use with the Respondent. The appellate inquiry also addressed the propriety of the lower courts’ rejection of the Appellant’s exclusive claim and consideration for extraordinary relief through revisionary jurisdiction. The findings established that the passageway was used in common, as supported by the evidence and absence of exclusive possession, leaving no substantive grounds to overturn the prior decisions. The ruling reaffirmed the principle that revisionary jurisdiction can only be exercised in the presence of exceptio