P.M. Mahinda Gunarathna vs P. Sunil Premachandra – CA PHC 208/2007-2013

The case between P.M. Mahinda Gunarathna (Appellant) and P. Sunil Premachandra and Others (Respondents) addressed the withdrawal of an appeal in the Court of Appeal. It was determined that the application to withdraw the appeal, as requested by the Appellant’s Junior Counsel, should be granted, and the appeal was dismissed without costs. The decision reaffirms the principle that parties may withdraw appeals with leave of the court and establishes that such applications, when formally moved, may be allowed by judicial discretion. The ruling was grounded on procedural principles related to appellate practice, clarifying that the withdrawal of appeals does not warrant the imposition of costs unless specifically justified.

A.W.A.Salam J. — The application by Junior Counsel for the Appellant