Naralage Anthony Cooray vs Don Abeyarathna Edirisinghe – CA PHC 27/2011-2013

The case between Naralage Anthony Cooray and Don Abeyarathna Edirisinghe addressed whether an appeal before the Court of Appeal could be withdrawn at the appellant’s request while preserving the right to pursue the same matter in the District Court. It was held that withdrawal of the appeal would be allowed and dismissal entered without costs, with clear acknowledgment that the appellant retained the right to further pursue his cause in the District Court. The principle reaffirmed is that a party may withdraw appellate proceedings without prejudice to subsequent rights in the original forum, underscoring judicial discretion in safeguarding procedural fairness and litigant rights.

A.W.A. Salam J. — It was determined that, following a request by the appellant’s counsel, the appeal should b