Sarath Abeywardhana vs Godayalage Piyasena – CA 403/2000-2013

The case between Sarath Abeywardhana (Petitioner), Godayalage Piyasena and others (Plaintiff-Appellants/Respondents), and Godayalage Gunadasa and others (Defendant-Respondents), addressed the issue of whether the appeal brought by the 1st and 2nd Plaintiff-Appellants in case C.A 403/2000 (F) should be withdrawn as per their counsel’s application. It was held that leave to withdraw the appeal was granted, and the appeal was dismissed without costs, confirming the procedural principle allowing withdrawal of appeals when no objection is raised. The decision relied on the parties’ mutual consent and established practice, emphasizing that an unopposed request for withdrawal may result in dismissal without further proceedings.

Upaly Abeyrathne J. — Upon the application by counsel for the 1st a