Padmasiri Sarath Kumara Karunathilake vs S. Sumanadasa – CA 905/98 F -2013

In the case between Padmasiri Sarath Kumara Karunathilake (Plaintiff-Appellant) and S. Sumanadasa (Defendant-Respondent), the court addressed the issue of the withdrawal of a pending appeal in D.C. Kurunegala case no. 539/L. The court held that the application for withdrawal of the appeal should be allowed and ordered the dismissal of the appeal without costs, reaffirming the principle that an appellant may withdraw an appeal with court approval and in the absence of objection from the respondent. This decision relied on established court procedure, emphasizing that consensual withdrawal is permissible and terminates appeal proceedings without imposition of further costs.

K.T. Chitrasiri J. — The appeal was permitted to be withdrawn upon the motion of the Plaintiff-Appellant’s counsel, w