Hewa Magalgodage Heen Menike vs Padukkage Dona Cicilina Hamine – CA NO.279/98-2013

In the case between Padukkage Dona Cicilina Hamine and others (plaintiffs/respondents) and Hewa Magalgodage Heen Menike (11th defendant/appellant/petitioner), the court addressed procedural matters arising from a partition action. The primary issue was the consideration of an application made in a petition dated 13.05.2013 by the 11th Defendant-Appellant-Petitioner and the subsequent request for its withdrawal. The court held that the withdrawal of the said petition was permitted, resulting in the rejection of the application made therein. It was reaffirmed that the prior court order dated 04.03.2013 would continue in effect. This decision underscores the principle that, where an application is withdrawn, the prior status is preserved unless otherwise ordered.

K.T. Chitrasiri J. — The ap