Sirisena Perera and Another Vs Vinson Perera – sllr 2005 volume 1 page 270

In the case between Sirisena Perera (and another) and Vinson Perera, the court considered whether an injunction could be granted under Section 67(3) of the Partition Law to restrain construction pending appeal in a partition action. It was held that relief under Section 67(3) is limited to preventing actual waste or damage, not mere alteration or inconvenience, and that loss of proportionate share such as road frontage does not independently justify injunctive relief. The decision reaffirmed that a co-owner may make reasonable use of the common property within the limits of his share, provided no actionable waste or damage occurs. Reliance was placed on Elpinona vs. Punchi Singho and a strict reading of the statutory provision, clarifying that changes to land status or compensation issues