T.M. Nobal Mendis vs Aruna Shantha Abeygunawardana – CA 615/98-2013

The case between T.M. Nobal Mendis (“Nobal Bathik”) and Aruna Shantha Abeygunawardana addressed the issue of whether an appeal filed by the appellant in relation to D.C. Kalutara Case No. 3944/MR would proceed or be withdrawn. It was determined that upon the request of the appellant’s counsel and in the absence of representation for the respondent, the appeal was permitted to be withdrawn and consequently dismissed without costs. The legal process reaffirmed the principle that an appellant may withdraw an appeal at any stage prior to adjudication, contingent on court approval. This decision is consistent with procedural norms governing appellate proceedings, underscoring that administrative withdrawal of an appeal does not constitute a determination on the merits.

K.T.Chitrasiri J. — Upo