Subasinghe Kattandige Chandradasa vs Kadukannage Umawathie – CA NO. 1132/98 F -2013

In the case between Kadukannage Umawathie (Plaintiff-Respondent) and Subasinghe Kattandige Chandradasa (Defendant-Appellant), the court addressed whether the Defendant-Appellant’s appeal should be permitted to proceed, given a request to withdraw the appeal contingent on the Plaintiff-Respondent waiving damages awarded by the District Court. It was held that, subject to the Plaintiff-Respondent’s waiver of damages, the application to withdraw the appeal was allowed and the appeal dismissed, thereby setting aside the order for damages in the initial judgment. The principle affirmed is that parties may, by agreement and with court approval, modify reliefs granted in prior judgments, particularly in the context of appellate withdrawal. The decision underscores that court orders can recognize