IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

1. Hidellana Janasiri Seneviratne, Thiriwanaketiya, Ratnapura.

2. Balaberakarayalage Prematunga, Marapana, Ratnapura.

3. Balaberakarayalage Gunapala, Marapana, Ratnapura.

4. Balaberakarayalage Suwaneris [DECEASED]

Court of Appeal Case No: 4A. Balaberakarayalage Hemalatha, DCF – 314/2000 (f) Kirindigala, Balangoda. DC Ratnapura: 4B. Balaberakarayalage Case no 4221/L Chandralatha, Kirindigala, Balangoda.

4C. Balaberakarayalage Piyaseeli.

Kirindigala, Balangoda.

5. Naiyanndikarage Vidhyananda, Marapana, Ratnapura.

6. Gamchaari Hemangani Vidhyalankara, Marapana, Ratnapura.

Plaintiffs Vs.

S. K. Podimappuhamy, Morathota, Palamaddulla.

Defendant AND S. K. Podimappuhamy, Morathota, Palamaddulla.

[DECEASED]

Defendant-Appellant S. K. Linton Karunaratna, Rabuka, Morathota, Palmadulla.

Substituted Defendant-

Appellant Vs.

1. Hidellana Janasiri Seneviratne, Thiriwanaketiya, Ratnapura.

[DECEASED]

1A. Leelawathie Seneviratne

1B. Hidellana Piyasamara Seneviratne, 1C. Hidellana Puraka Seneviratne, all of No. 10 3/5, Thiriwanaketiya, Ratnapura.

2. Balaberakarayalage Prematunga, Marapana, Ratnapura.

3. Balaberakarayalage Gunapala, Marapana, Ratnapura.

3A. Balaberakarayalage alias Bamunusinghege Jayantha Chandrasiri, of Marapana, Ratnapura

4. Balaberakarayalage Suwaneris [DECEASED]

4A. Balaberakarayalage Hemalatha, Kirindigala, Balangoda.

4B. Balaberakarayalage Chandralatha, Kirindigala, Balangoda.

4C. Balaberakarayalage Piyaseeli.

Kirindigala, Balangoda.

5. Naiyanndikarage Vidhyananda, Marapana, Ratnapura.

6. Gamchaari Hemangani Vidhyalankara, Marapana, Ratnapura.

Plaintiff-Respondents Before: Prasantha De Silva, K.K.A.V. Swarnadhipathi, J.

Counsel: Anurudhdha Dharmaratne AAL and Srihan Samaranayake AAL for the Defendant-Appellant.

Navin Marapana, PC, with Saumya Hettiarachchi AAL and Thanuka Meegahawatte AAL for the Plaintiff-Respondents.

Written Submissions: Written submissions filed on 26/03/2014, 01/04/2016, 03/12/2019 and 28/02/2023 by Defendant-Appellant.

filed on Written submissions filed on 28/02/2020 and 9/03/2023 by Plaintiff-

Respondents.

Delivered on: 02.08.2023 Prasantha De Silva J.

Judgement The Plaintiff instituted an action bearing no 4221/L in the District court of the Ratnapura seeking a declaration of title to the land described in the schedule to the Plaint. Plaintiffs had sought an interim injunction in the first instance and a permanent injunction, restraining the Defendant and his servants, agents and anyone coming under him from gemming in the said land, until the final determination of this case.

It appears that the application for interim injunction was supported on 11.07.1980 and the court granted an interim injunction ex-parte and issued notice on the Defendant. Consequently, the Defendant’s proxy was filed on 11.07.1980 and he had objected to the issuance of interim injunction. However, interim injunction was not dissolved by the learned District Judge.

It is to be noted that on 16.03.1980 counsel for the Plaintiffs had moved for a commission to survey the land claimed by the Plaintiffs.

At this stage counsel for the Defendant had informed court that the land which the Defendant claims and is in possession is depicted in plan bearing no 416 dated 22.08.1980.The counsel for the Defendant had made an application to super impose the said plan on the commissioned plan moved by the Plaintiffs.

The said Commission was returned by the licensed surveyor S. Ramakrishan with plan bearing no

1436 dated 29.12.1980 to court.

The said 1st commissioned plan and the report was marked and produced in evidence as X and X1 respectively.

Although the counsel for the Defendant moved to super impose the said plan bearing no. 416 dated 22.08.1980, which depicts the land claimed by the Defendant - it was not super imposed on the said 1^st commissioned plan X by the said surveyor Mr. R. Ramakrishnan.

According to the said surveyor’s report X1, it states

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3. මැනීම් සිදුකල ආකාරය අ: පැමිණ සිටි