L.A.D.Yasasiri Dissanayaka vs Liyana Arachchige Don Udayasiri Dissanayaka – CA NO.812/98 F -2013

In the case between Liyana Arachchige Don Udayasiri Dissanayaka (plaintiff-respondent) and L.A.D. Yasasiri Dissanayaka (21st defendant-appellant) with others, the Court considered the procedural issue of whether the 21st defendant-appellant’s appeal in C.A. No. 812/98(F), D.C. Matugama No. 1232/P should be allowed to proceed or be withdrawn. It was held that the appellant’s request to withdraw the appeal be permitted, and the appeal was consequently dismissed without costs. The legal principle reaffirmed is that an appellant may, upon application, withdraw an appeal and the court retains discretion regarding any costs order. This decision is grounded in procedural fairness and efficient case management.

K. T. Chitrasiri J. — The application by counsel for the 21st defendant-appellant to