Batahena Wedaralalage Senarath Tusantha Vs. Owitagedara Gamaralalage Senarathne and Others – CA PHC 152/2012-2018

In the case between Batahena Wedaralalage Senarath Tusantha Dodawatta and Owitagedara Gamaralalage Senarathne (Deceased, substituted by 1A. Anthoni Durage Niluka Seuwandi and others), the court addressed the issue of whether a Magistrate’s Court could issue an interim order restoring possession of property under section 67(3) of the Primary Court Procedure Act after concluding there was no threat or likelihood of a breach of peace, and whether the High Court erred in revision by setting aside that order based on a clerical error. It was held that the order of the Magistrate’s Court, which contained a clerical error, could be corrected by the court at any stage, and the High Court’s revisionary power should only be exercised in exceptional circumstances. This decision reaffirmed the princip