Hewa Ambedolage David vs Hewa Ambedolage Gunatilaka et al. – CA-226/2000-2013

The case between Hewa Ambedolage David (Plaintiff) and Hewa Ambedolage Gunatilaka, Hewage Somawathie, and Elandarige Rosalin (Defendants) addressed the issue of withdrawal of an appeal by the 3rd Defendant-Appellant. It was determined that, upon application made by the Defendant-Appellant’s counsel and in the absence of any objection from the Respondent, permission to withdraw the appeal would be granted. The Court held that the appeal stands dismissed without costs, reaffirming the principle that procedural applications for withdrawal may be allowed where no substantial dispute or objection arises. This decision relied on established court procedure, emphasizing the importance of judicial efficiency and the finality of voluntary withdrawals.

Upaly Abeyrathne J. — The findings establishe