W.T.S. Nilantha Fernando v. P.M.S. Nilanthi Perera, SC/APPEAL/65/2025
The crucial distinction is between an application made directly against a District Court judgment and an application seeking to challenge a decision already delivered by the Civil Appellate High Court. This judgment does not impose the same jurisdictional consequences on both. READ JUDGMENT The analysis below is based on your attached judgment, W.T.S. Nilantha Fernando v. P.M.S. Nilanthi Perera , SC/APPEAL/65/2025, decided on 10 October 2025 . References to page numbers are to that judgment. Analysis 1. Background and decision Almost ten years after their divorce, the plaintiff instituted a partition action in the District Court of Negombo, claiming an equal share of land. The defendant resisted the action, alleging that the plaintiff held her half share in trust for him. The District Court entered judgment for the plaintiff. On the defendant’s appeal, the Civil Appellate High Court of Negombo reversed that judgment and dismissed the action. The plaintiff did no...