Hewa Pathiranage Sompala Munasinghe vs. K.D.S. Subhasinghe et al. – CA PHC 70/2014-2023

In the case between Hewa Pathiranage Sompala Munasinghe and K.D.S. Subhasinghe (Inspector of Police) and others, the court addressed the issue of whether the petitioner’s application for revision, challenging the Additional Magistrate’s order concerning a disputed servitudinal right of way, was justified. It was held that no exceptional circumstances were established to warrant interference with the findings previously affirmed by both the Additional Magistrate and the High Court. The decision reaffirmed the legal principle that revisionary powers, as provided by Section 69(1) of the Primary Courts’ Procedure Act, are confined to examining the legality of an order and do not permit re-evaluating the underlying factual evidence. The appeal was dismissed with tax cost, emphasizing the circum