K.A. Thomas vs Sammu Arachchige Ariyasena Mahepala – CA CASE NO.1095/96/F-2021

In the case between K.A. Thomas (6th Defendant-Appellant-Petitioner) and Sammu Arachchige Ariyasena Mahepala (original Plaintiff, deceased, succeeded by Allanahewage Adelin) and others, the court addressed the issue of entitlement to land in a partition action involving multiple lots and parties. The court held that the 6th Defendant’s appeal lacked merit, as objections regarding the Plaintiff’s pedigree and prior partition decrees had not been duly raised at the trial or in earlier appeals, and thus could not be entertained at the appellate level. This reaffirmed the principle that appellate courts will not consider new arguments not raised at the appropriate procedural stage. The decision relied on established practice regarding appellate procedure and partition actions, emphasizing that