H.M. Piyaratne vs R.A. Piyasiri Rajapakshe – CA NO. 950/2000-2013

In the case between H.M. Piyaratne and R.A. Piyasiri Rajapakshe (among other Defendants-Respondents), the court addressed the issue of the procedural outcome of an appeal upon the Plaintiff-Appellant’s application for withdrawal. It was determined that, in the absence of objection from the Respondents, the withdrawal of the appeal would be permitted without an order as to costs. The principles applied reaffirmed the court’s discretion to allow withdrawals in civil appellate proceedings without penalizing any party on costs, based on the conduct and applications of the parties. The impact of this decision ensures that procedural mechanisms for withdrawal are upheld where appropriate, streamlining appellate oversight and administrative efficiency.

Upaly Abeyrathne J. — Upon considering the