Gallage Somasiri vs Warna Gunathilaka Mudiyanselage Nandapala – CA PHC 44/2007-2013

The case between Gallage Somasiri (Appellant) and Warna Gunathilaka Mudiyanselage Nandapala (Respondent) addressed whether an appeal initiated by the appellant should be withdrawn and dismissed in accordance with the appellant’s explicit request. It was held that the appeal was withdrawn and dismissed without costs following the appellant’s formal application to discontinue proceedings. The decision reaffirmed the principle that a litigant may withdraw an appeal at any stage upon proper notice, in line with established procedural rules. The outcome underscores that when such a request is made unambiguously by the appellant, the court is bound to give effect to it absent exceptional circumstances.

A.W.A. Salam J. — Upon consideration of a written request dated 12.06.2013 from the appellan