U.N.Gunasekara et al. vs The Chairman, Employees Trust Fund – CA PHC/205/2001-2013
In the case between U.N. Gunasekara, C.L. Gunasekara, S.L. Gunasekara, and D.N. Gunasekara (Respondent-Petitioner-Appellants) and The Chairman, Employees Trust Fund (Complainant-Respondent-Respondent), the court addressed whether the appeal filed by the Gunasekara parties should be withdrawn on the basis that the sum due to the Employees Trust Fund had already been paid. The court held that, upon confirmation of payment and application by the appellants’ representative, the appeal was permitted to be withdrawn and dismissed without costs. The principle reaffirmed that where the underlying obligation leading to the appeal has been discharged, withdrawal of the appeal may be allowed without further order as to costs. The decision was based on the facts brought before the court regarding sati

