J.H. Senarathne vs A.M.I. Pushpa Kumara – CA NO.270/99-2013

The case between J.H. Senarathne (Defendant-Appellant) and A.M.I. Pushpa Kumara (Complainant-Respondent) addressed the issue of whether the appellant was prosecuting an appeal or had abandoned it. It was determined that both parties were absent and unrepresented at the hearing and that delivered notices were returned, marked that both parties had vacated their respective addresses. Based on these facts, the court held that the appeal should be dismissed for want of prosecution, reaffirming the principle that continued prosecution is required for an appeal to proceed. The decision was rendered pursuant to established appellate procedure, emphasizing that the absence of interest or participation by the appellant compels dismissal.

H.N.J. Perera J. — The absence of both the appellant and re