R.M. Premathilake vs R.M. Somasiri – CA 168/98 F -2013

In the case between R.M. Premathilake (Appellant) and R.M. Somasiri (Respondent), the court addressed the issue of the right to withdraw an appeal regarding an interim injunction order. It was determined that an appellant may withdraw an appeal challenging an interim injunction, with such withdrawal permitted without prejudice to the right to pursue other reliefs in the underlying petition. This holding reaffirmed the procedural principle allowing withdrawal of appeals concerning interim orders when both parties consent or do not object. The decision relied on the application and procedural compliance regarding appeals and interim relief, with emphasis placed on preserving the appellant’s access to further remedies in the petition.

K.T. Chitrasiri J. — Upon clarification that the appeal