Kumarage Chandana v. Kumarage Desi Nona – CA PHC/125/2012-2017

In the case between Kumarage Chandana, Kumarage Sudharma, and others (appellant/petitioners) and Kumarage Desi Nona and others (respondents), the court addressed the validity of a Magistrate’s issuance of a writ of possession under the Primary Court Procedure Act, specifically in relation to Section 78 and Section 68, and whether a successor Magistrate possessed jurisdiction to restore possession following an order by a predecessor. The court held that a Magistrate has no jurisdiction to review or rectify a predecessor’s order in land dispute proceedings under Part VII of the Act and affirmed that Section 78 does not allow adoption of Civil Procedure Code provisions within such proceedings, as they are distinct from civil or criminal matters. The decision relied on established precedent (n