N.V. Abayathunga vs Central Province Road Passengers Transport Authority – CA PHC 93/2007-2013

The case between N.V. Abayathunga and the Central Province Road Passengers Transport Authority concerned a procedural application regarding the withdrawal of an appeal. It was held that upon the request of junior counsel for the appellant, permission to withdraw the appeal was granted, resulting in the dismissal of the appeal without an order as to costs. This outcome reaffirmed the principle that appellate proceedings may be withdrawn at the instance of the appellant, and reinforced the practice that such withdrawal does not necessarily attract an order for costs against the withdrawing party. The decision was based on procedural norms governing withdrawal of appeals, emphasizing judicial discretion in matters of costs upon discontinuance.

A.W.A. Salam, J. — The appeal was dismissed wit