Somapala vs Wanasundara – SC APPEAL 87/2008-2010

In the case between Kodituwaku Arachchige Somapala and Nanda Pethiyagoda Wanasundara (with additional respondents), the court addressed the issue of the appropriate legal remedy for a dispute regarding dispossession and boundaries under Section 328 of the Civil Procedure Code. It was held that the appeal pursued had no practical effect given the absence of any pending proceedings, and it was determined that relief could not be granted in an academic context. The decision reaffirmed the principle that judicial intervention requires the existence of a live controversy, relying on the interpretation of Section 328 and prior decrees regarding title and eviction, and clarified the necessity of proper procedural steps. Emphasis was placed on the conclusion that the appeal constituted an academic