Kalpage Wimalasiri vs Gayan Padmakumara Abeysekara – CA PHC NO. 225/2006-2013

In the case between Kalpage Wimalasiri and Gayan Padmakumara Abeysekara, the court addressed the issue of the appellant’s application to withdraw an appeal pending before the Court of Appeal, which had arisen from proceedings originally instituted in the Panadura High Court (case No. 51/05). It was held that an appellant may withdraw an appeal where circumstances, such as a pending partition action involving the subject property, render further proceedings unnecessary. The principles reaffirmed include the discretionary authority of the court to permit withdrawal of appeals and dismiss proceedings accordingly. Reliance was placed on procedural rules governing appellate practice, with the takeaway that such withdrawals may be granted without imposing costs on either party.

A.W.A. Salam J.