H.A. Saman Jayasinghe vs P.A. Sirisena – CA PHC NO.234/2005-2013

The case between H.A. Saman Jayasinghe (Appellant) and P.A. Sirisena, Commissioner of Co-operative Development, Chilaw (Respondent), addressed the issue of whether the appellant’s appeal should proceed or be withdrawn upon the appellant’s own application. The court held that the application to withdraw the appeal was permissible and, with the respondent raising no objection, the appeal was dismissed without an order as to costs. This decision reaffirmed the principle that a party may withdraw an appeal with the court’s leave and in the absence of objection from the other side, consistent with established appellate procedure and discretion regarding costs.

A.W.A. Salam J. — It was determined that the application by counsel for the appellant to withdraw the appeal should be allowed, given