Harischandra Senarathne vs Dinuka Malith Hapuarachchi and others – SC Appeal 09/2020-2025

In the matter of Harischandra Senarathne and Anthony Didacus Baldsing, the court addressed the issue of a non-party’s independent claim to title during the execution of an ejectment decree. The court held that dispossessing the 4th Respondent without a proper adjudication of his independent claim would cause irreparable prejudice, reaffirming the principle that independent claims of title must be adequately considered. This decision relied on the procedural history and the need for proper adjudication of title, emphasizing that a party in possession with a prima facie independent claim cannot be summarily ejected.

A. L. Shiran Gooneratne J. delivered the judgment, detailing the procedural history of the case. The Plaintiff initially filed an action for title and ejectment, which was dis