K. Sirisena vs P.G.M. Wijedasa – CA PHC 45/2007-2013

In the case between K. Sirisena (Appellant) and P.G.M. Wijedasa (Respondent), the court addressed the issue of whether the appellant’s request to withdraw the pending appeal should be permitted when the respondent raised no objection. It was held that the application for withdrawal was to be allowed, resulting in the dismissal of the appeal without costs. This decision reaffirmed the principle that in the absence of objection, a party’s application for withdrawal of an appeal is generally permitted, and that such dismissals typically do not result in a costs order. The holding draws upon established procedural fairness and case management principles, emphasizing judicial discretion in managing withdrawals and the finality of such orders when not contested.

A.W.A. Salam J. — In considerat