Gungamuwage Piyasena, Gungamuwage Ajith Kumara, Gungamuwage Premalal vs Chairman, Horana Urban Council – CA PHC NO.312/06-2013

The case between Gungamuwage Piyasena, Gungamuwage Ajith Kumara, and Gungamuwage Premalal (Respondent-Petitioner-Appellants) and the Chairman, Horana Urban Council (Petitioner-Respondent-Respondent) addressed the issue of the withdrawal of an appeal against a prior High Court decision. It was determined that, at the motion of the appellants and upon reiteration by counsel, leave to withdraw the appeal was permitted. The appeal was accordingly dismissed without costs, reaffirming the principle that parties may withdraw appeals at their discretion subject to court approval. This decision underscores procedural autonomy in appellate proceedings and clarifies that withdrawal of an appeal ordinarily does not mandate a costs order.

A.W.A. Salam J. — The findings established that, upon consider