Nimal Weerakkody vs Hon. Dr. Rajitha Senaratne, MP – CA WRIT 363/2012-2013

In the case between Nimal Weerakkody and Hon. Dr. Rajitha Senaratne, MP, the court addressed the issue of a voluntary withdrawal of the application by the petitioner. It was held that, upon counsel’s request referencing similar prior withdrawals, the application was dismissed pro-forma without costs. The principle reaffirmed is that a party may withdraw an application with the court’s leave, resulting in formal dismissal and no order as to costs. This decision applies established procedural norms regarding withdrawal and disposition of applications in appellate proceedings, emphasizing judicial economy and the absence of adverse orders when similar procedural dispositions are followed.

S. Sriskandarajah J. — The findings established that counsel for the petitioner sought withdrawal of th