Konara Ranasinghe Basnayaka Mudiyanselage Justin Jayathilaka Ranasinghe Bandara Kiriella vs Wijesinghage Albert Wijesinghe – CA 661/99-2013

In the case between Wijesinghage Albert Wijesinghe (Complainant-Respondent) and Konara Ranasinghe Basnayaka Mudiyanselage Justin Jayathilaka Ranasinghe Bandara Kiriella (Defendant-Appellant) with his heirs, the court addressed the issue of whether the appeal should proceed following the appellant’s death and the subsequent withdrawal application filed by the heirs. It was held that the application for withdrawal was properly supported by affidavit and relevant documentation, warranting dismissal of the appeal without costs. The findings reaffirm the principle that, upon death of a party to an appeal, the heirs may withdraw the appeal, effectively concluding the proceedings. This determination was made in line with procedural fairness and case management, establishing that withdrawal by ent