Mohamed Saheed Mohamed Sharifdeen vs. Walimuni Amitha Lalani Mendis – CA RII/0013/2019-2022

In the case between Abdul Cafer Mohamed Refars and Mohamed Sarifdeen (substituted by Mohamed Sharifdeen Mohamed Shafraz Khan), the court addressed whether the 17th defendant (petitioner) was entitled to notice and participation in the partition proceedings before the District Court, Balapitiya, and whether the absence of such notice constituted a violation of legal rights and due process. It was held that the failure to serve notice or summons to the petitioner, who was recognized as a claimant at the preliminary survey stage, resulted in a miscarriage of justice warranting intervention through revisionary powers under Article 138 of the Constitution. The decision reaffirmed the principle that parties with a legitimate interest must be notified and heard in partition proceedings, consisten