Peoples’ Bank vs H. Rohini Udula Kumari – CA 576/98-2013

In the case between Peoples’ Bank and H. Rohini Udula Kumari, with E.W.P. William Silva as the substituted 2nd Respondent-Appellant, the court addressed the issue of an appeal relating to proceedings in the District Court of Matale. It was determined that, following the presentation of arguments by all parties, the appeal was withdrawn upon application by the Appellant’s Counsel. The appeal was accordingly dismissed without costs. The order reaffirmed the procedural principle that a party may withdraw an appeal at any stage before judgment, with the consequence that no adjudication on merits is rendered. The decision underscores the established court practice that withdrawal of appeals terminates appellate proceedings without a decision on substantive rights.

K.T. Chitrasiri J. — Upon co