Galappaththi Merenchige Karunarathne vs Arumugam Thawabalan – CA/PHC/0108/2014-2024

In the matter between the 2nd Party-Petitioner-Appellant (including the named appellant) and the 1st Party-Respondents (notably including those claiming the right of way), the court addressed whether judicial intervention was warranted in respect of a Provincial High Court order refusing to issue notice on a revision application made 12 years after an original Primary Court order. It was held that there existed no sufficient justification for interference with either the Magistrate’s removal order relating to obstruction of a right of way or the Provincial High Court’s dismissal of notice on revision. The holding reaffirmed that appellate courts will not disturb lower court orders unless a manifest miscarriage of justice or legal error is established, particularly where procedural delays a