Katawala Dewage Seelawathi vs Katawala Dewage Liweris – CA APPEAL NO. 846/98 F -2013

The case between Katawala Dewage Seelawathi (Appellant) and Katawala Dewage Liweris (Respondent) addressed the issue of withdrawal of an appeal in a partition action (DC. Gampaha No. 25725/P). The holding determined that the application by the appellant to withdraw the appeal was allowed, resulting in the dismissal of the appeal without an order for costs. The principle reaffirmed is that withdrawal of an appeal by the party is permissible upon formal application, with discretionary relief regarding costs. This decision was made pursuant to appellate procedure, emphasizing judicial discretion in managing withdrawals and cost orders.

K.T.Chitrasiri J. — The application for withdrawal of the appeal, made by counsel for the appellant, was allowed following consideration by the court. Accord