Kaluarachchige Ajith Ratnasiri vs K.A.Somasiri – CA/PHC/180/09-2013

In the case between Kaluarachchige Ajith Ratnasiri and K.A. Somasiri and others, the Court of Appeal addressed the issue of the withdrawal of an appeal by the petitioner-appellant. It was held that the appeal stands dismissed upon the appellant’s application to withdraw, while expressly granting permission for a fresh application if allowed by law. The decision reaffirmed the principle that leave to withdraw with liberty to re-apply is available in appropriate circumstances, guided by existing procedural rules and judicial discretion. This approach underscores the court’s role in balancing finality of decisions with access to justice.

A. W. A. Salam J. — Upon application by counsel for the appellant to withdraw the appeal, it was determined that such withdrawal could be permitted, and th