Agampodi Ranjani Mendis Wijesinghe vs Agampodi Aruna Ranjan De Soisa – CA PHC 09/2007-2013

The case between Agampodi Ranjani Mendis Wijesinghe (Appellant) and Agampodi Aruna Ranjan De Soisa (Respondent) addressed the consequences of an application made during the appellate proceedings in PHC Balapitiya Case No. Rev. 541/03. It was held that the application filed on 10.06.2013 by the appellant’s counsel warranted allowance, resulting in the dismissal of the appeal without an order for costs. The principle reaffirmed is that, where an application triggering the end of appellate proceedings is made and reiterated by counsel, dismissal of the pending appeal is proper. The judgment was based on the consideration of the record and the formal application, ensuring that no costs were ordered against any party.

A.W.A. Salam J. — Upon noting the reiteration of the application submitted