Pushpa Dilminida Alwis et al. vs Hettiarachchige Gilbat De Alwis et al. – CA PHC 45/2006-2013

In the case between Pushpa Dilminida Alwis, Priyanth Amarasekara, and others as appellants and Hettiarachchige Gilbat De Alwis, Hettiarachchige Kumbamanda Alwis, and others as respondents, the court addressed the issue of procedural disposition relating to an appeal from the Provincial High Court of Balapitiya (Re 526/2003). It was determined that, upon application by counsel for the appellants to withdraw the appeal, such withdrawal was permitted. The appeal was dismissed without an order for costs. This decision reaffirmed the principle that appellate proceedings may be terminated at the request of the parties without penalization as to costs, emphasizing the court’s discretion in procedural matters.

A.W.A. Salam J. — The court, upon the application by appellants’ counsel to withdraw t