Visnagalage Dayawathi Bandigewatte vs Kandhe Lekamlage Jayasena – CA 146/99-2013

The case between Visnagalage Dayawathi Bandigewatte, Maniyamgama (Plaintiff-Respondent) and Kandhe Lekamlage Jayasena, Pahala Thalduwe, Thaluduwa (Defendant-Appellant) addressed the issue of the withdrawal of an appeal following an application by the Defendant-Appellant. The appeal was dismissed without costs, and liberty was granted to the Appellant to file a fresh application if necessary. It was established that procedural fairness permits such withdrawal, and the decision reaffirmed that courts may allow appeal withdrawals without cost implications while maintaining the parties’ ability to seek future remedies. The order relied on the parties’ submissions and existing procedural principles, ensuring that the original case records are promptly returned to the trial forum.

H.N.J. Perera