Polwattege Abeysinghe vs Lewwanda Pathirannehelage Leelawathie and others – SC APPEAL 210/2015-2011

In the case between Udawela Pathiranehelage Dharmasena (plaintiff) and I.L. Malani, Sooriya Arachchige Sandasiri Perera, among others (defendants), the court addressed the issue of whether the High Court properly exercised its revisionary jurisdiction by setting aside the District Court’s order of execution in Land Case No. 327/L, and whether the land and partition actions were interconnected or mutually exclusive. It was held that the revisionary powers of the High Court are confined to clear cases of exceptional circumstances, which were absent in this instance, and that the District Court’s execution order properly directed conveyances in favor of the 3rd and 4th defendants only after the execution of the partition decree. The principal on the exclusivity of partition and land actions,