Watawalage Don David vs Walakuluarachchige Baby Nona – CA NO. 287/2011-2013

In the case between Watawalage Don David and Don Baby Nonda (Petitioners) and Walakuluarachchige Baby Nona, K. P. Sumith Shantha, and M. K. Bandula Harischandra (Respondents), the court addressed the issue of the petitioners’ application for withdrawal of their petition following an undertaking by the 2nd Respondent to conduct a fresh inquiry. It was held that the withdrawal of the application was permitted, and the case was dismissed pro forma without an order for costs. This disposition reaffirmed the procedural principle that where a respondent undertakes remedial steps, withdrawal of pending matters may be granted as a matter of judicial process, with an appropriate procedural order following. The case emphasized that no costs order is necessary in such circumstances, supporting the sm