Somawathi Parnavithana vs Nape vithanage Wimalawthie – CA 298/97 F -2013

The case between Nape Vithanage Wimalawthie (Plaintiff-Respondent) and Kamal Manamperi and others (Defendants), with Somawathi Parnavithana as 14th and/or 18th Defendant-Appellant, addressed the issue of an appeal withdrawal in District Court Matara Case No. 12191/P. It was determined that the appellant could withdraw the application, reserving the liberty to file a fresh application if necessary. The principle reaffirmed is that the court may allow withdrawal of an appeal at the appellant’s request, awarding costs as appropriate. The decision was guided by procedural fairness and established appellate practice, underscoring the court’s discretion regarding withdrawal and costs.

H.N.J. Perera J. — It was established that, upon application by the appellant’s counsel for withdrawal, leave