Nimal Shanthi Kuma Perera Patikiri vs Pilana Withanage Violat Silva – CA NO. 290/98 F -2013

The case between Nimal Shanthi Kuma Perera Patikiri (Substituted Plaintiff Respondent) and Pilana Withanage Violat Silva (Deceased), Petikirige Chandralatha, among others, addressed the issue of the withdrawal of an appeal in a civil dispute. It was determined that, upon application by counsel for the substituted 1st Defendant-Appellant in the presence of the said party, the request to withdraw the appeal should be permitted. The appeal was accordingly dismissed without an order for costs, reaffirming the principle that a party may be allowed to withdraw an appeal with the court’s permission and without further penalization regarding costs. The course of action relied on procedural rules governing the discontinuance of appeals and reinforced discretionary power in the management of case wi