Palamuni Thissa Nihal De Silva et al. vs Ceylease Financial Services Limited – CA PHC NO. 199/06-2013

In the matter between H.K. Yamuna Mendis Rajapakse De Silva, Palamuni Viraji S. De Silva, and Niragi Pavitra De Silva (as successors to Palamuni Thissa Nihal De Silva, trading as “Lanka Pirawumhala”) and Ceylease Financial Services Limited, the court addressed whether the substituted appellants’ appeal should proceed or be withdrawn, particularly regarding the effect of a contemporaneous arrangement for settlement between the parties. It was held that the appeal be dismissed upon the withdrawal requested by the substituted appellants, subject to the express reservation of the parties’ right to formalize and file agreed terms of settlement dated 04.09.2013 at the Commercial High Court. This determination reaffirmed the principle that parties may withdraw appellate proceedings without prejud