D. N. Gunasekara and J. Disanayaka vs M. B. S. Ferando – CA PHC 132/2010-2013

In the case between D. N. Gunasekara and J. Disanayaka (Plaintiffs) and M.B.S. Fernando, Municipal Commissioner, Sri Jayawardanapura Municipal Council – Rajagiriya (Defendant/Respondent), the court considered the issue of whether the appeal before it should be withdrawn upon application by counsel for the Appellant. It was held that, in the absence of objections from either State Counsel or the counsel for the 2nd Respondent, the application to withdraw was allowed and the appeal was dismissed without costs. The decision underscores the principle that voluntary withdrawal of appeals is permitted where consent is unopposed, reaffirming the efficient closure of appellate matters without further order as to costs.

A.W.A. Salam J. — Upon considering the motion by counsel for the Appellant to