Denagama Vitharanage Ajith Pushpakumara vs Andrahennadige Peter Silva and others – CA PHC 05/2019-2025

In the matter between the Officer-in-Charge Police Station, Tangalle (Complainant) and Andrahennadige Peter Silva (1st Party), Denagama Vitharanage Ajith Pushpakumara (2nd Party/Petitioner/Appellant), Andrahennadige Ranjanee “Mayuri” (3rd Party), and Andrahennadige Ratnasiri (4th Party), the dispute centered on a right of way under Section 69 of the Primary Courts’ Procedure Act. The appeal to the Court of Appeal challenged a High Court judgment that affirmed a Magistrate’s order granting the 1st, 3rd, and 4th Party Respondents a right of way over a roadway depicted in Plan No. 2009/61. Grounds for appeal included the Magistrate’s alleged reliance on an adverse inference from a refused site inspection, disregard for evidence, misinterpretation of the PCP Act, and failure to consider releva