Mahagama Vidanalage Chandradasa vs Mapalagama Manage Nishantha Viraj and others – SC APPEAL NO.90/2016-2019

In the case between the appellant, operating ‘Rathna Radio Service’, and multiple respondents, including the Plaintiff-Respondent-Respondent and co-defendants in a partition dispute concerning Lot No. 3, Thalgaswala, the Court addressed the legality of a writ of execution issued for delivery of possession under a partition decree. Central legal issues involved the applicability of the mandatory process under Section 52(2) of the Partition Law, the sufficiency and exclusivity of the remedy under Section 328 of the Civil Procedure Code, and the appropriateness of invoking the Court’s inherent jurisdiction to challenge acts during execution. The Court determined that the statutory remedy provided by Section 328 was adequate and accessible to the appellant, no procedural irregularity was estab