Wijamunige Wijepala vs Wijamunige Upasena – CA APPEAL NO.907/2000 F -2013

In the case between Wijamunige Wijepala (Petitioner) and Wijamunige Upasena along with other Defendants (Respondents), the court addressed the issue regarding the continuation of an appeal following the transfer of an undivided land extent of 80 perches, which was the subject of the dispute. It was held that, upon the transfer of the subject property by deed No. 441 dated 31.07.2013, the withdrawal of the appeal was appropriate, and the appeal was accordingly dismissed without costs. The principle reaffirmed is that an appeal may be withdrawn and dismissed without costs where the subject matter has ceased to be in dispute due to an intervening transfer. The decision relied on procedural considerations regarding the status of parties and the subject property in appeal proceedings, highlight