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IN THE COURT OF APPEAL OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA
CA(PHC) 125/2008
HC Galle Revision No:536/2005
MC Baddegama Case No:94643
1. Sheela Hapugoda
Ellakanda Junction
Baddegama.
6. Lalitha Nanayakkara
Kadaporugoda
Ihala Lelwala
Wanduramba.
Respondent-Petitioner-Appellants
Vs
1. Ariyadasa Wickrema Seneviratne
(deceased)
Weihena Watta, Weihena.
2. Janaka Asanl<a Wickrema
Seneviratne
Weihena Watta, Weihena.
3. Public Trustee
4. Karunapala Nanayakkara
Elakanda
Respondent-Respondent-Respondents
5. Officer In Charge
Police Station
Wanduramba.
Plaintiff-Respondent-Respondent
BEFORE
COUNSEL
ARGUED ON:
DECIDED ON:
A.W.A. SALAM,J (PICA) &
SUNIL RAJAPAKSHA, J.
Isuru Somadasa- for the 1st and 6th respondent-
petitioner-appellants and Kapila Liyanagamage for
the 2nd and 3rd respondent-respondent-respondents.
21.11.2013
07.07.2014
A.W.A. SALAM, J (PICA)
This appeal arises on the judgment of the learned High Court Judge dated
08.09.2012, by which the revision application filed by the 1St and 6th
respondent-petitioner-appellants against the determination of the learned
Magistrate under Section 68 of the Primary Court Procedure Act, had been
dismissed.
The learned Magistrate by his determination has granted possession to the
party who was in possession two months immediately preceding the date of the
report filed under Section 66. The learned High Court Judge has affirmed the
determination of the Magistrate for this reason. As such, I see no reasons to
interfere with the impugned judgment. Accordingly, the appeal stands
dismissed. There shall be no costs.
PRESIDENT OF THE COURT OF APPEAL
SUNIL RAJAPAKSHA, J.
I agree.
?:~-c:..-'To"""-____--
JUDGE OF THE COURT OF APPEAL
TW
I

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Ca phc 125_2008_2

  • 1. , IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA CA(PHC) 125/2008 HC Galle Revision No:536/2005 MC Baddegama Case No:94643 1. Sheela Hapugoda Ellakanda Junction Baddegama. 6. Lalitha Nanayakkara Kadaporugoda Ihala Lelwala Wanduramba. Respondent-Petitioner-Appellants Vs 1. Ariyadasa Wickrema Seneviratne (deceased) Weihena Watta, Weihena. 2. Janaka Asanl<a Wickrema Seneviratne Weihena Watta, Weihena. 3. Public Trustee 4. Karunapala Nanayakkara Elakanda Respondent-Respondent-Respondents 5. Officer In Charge Police Station Wanduramba. Plaintiff-Respondent-Respondent
  • 2. BEFORE COUNSEL ARGUED ON: DECIDED ON: A.W.A. SALAM,J (PICA) & SUNIL RAJAPAKSHA, J. Isuru Somadasa- for the 1st and 6th respondent- petitioner-appellants and Kapila Liyanagamage for the 2nd and 3rd respondent-respondent-respondents. 21.11.2013 07.07.2014 A.W.A. SALAM, J (PICA) This appeal arises on the judgment of the learned High Court Judge dated 08.09.2012, by which the revision application filed by the 1St and 6th respondent-petitioner-appellants against the determination of the learned Magistrate under Section 68 of the Primary Court Procedure Act, had been dismissed. The learned Magistrate by his determination has granted possession to the party who was in possession two months immediately preceding the date of the report filed under Section 66. The learned High Court Judge has affirmed the determination of the Magistrate for this reason. As such, I see no reasons to interfere with the impugned judgment. Accordingly, the appeal stands dismissed. There shall be no costs. PRESIDENT OF THE COURT OF APPEAL SUNIL RAJAPAKSHA, J. I agree. ?:~-c:..-'To"""-____-- JUDGE OF THE COURT OF APPEAL TW I