Ganemulla Lekamlage Dilrukshi Ganemulla vs. Ganemulla Lekamlage Ananda Tissa – CA PHC 209/2017-2022

In the case between Ganemulla Lekamlage Dilrukshi Ganemulla (Petitioner/Respondent) and Ganemulla Lekamlage Ananda Tissa (Respondent/Petitioner/Appellant), the court addressed whether the Appellant was legally justified in obstructing the Respondent’s use of a shared roadway, including the effect of both parties’ co-ownership status and the existence of a pending partition action. It was held that the Magistrate retained jurisdiction to resolve immediate disputes over possession and use under Section 66 of the Primary Courts’ Procedure Act, even where parallel civil proceedings were pending, and that the Appellant’s arguments regarding exclusive ownership and exceptional circumstances did not warrant interference. The legal principles reaffirmed include the independence of summary possesso