Kalpani Karunawathi Udagedara vs Divisional Secretariat, Hingurakgoda – CA PHC NO. 299/2006-2013

In the case between Kalpani Karunawathi Udagedara (Appellant) and the Divisional Secretariat, Hingurakgoda, and P.D. Keerthi Gamage, Provincial Land Commissioner, North Central Province (Respondents), the court considered an appeal arising from a writ application. The principal issue concerned the appellant’s request to withdraw the appeal following a Supreme Court judgment (S.C. Appeal No. 21/2013; S.C. minute dated 26.9.2013), reserving the right to pursue the matter in a more appropriate forum. The appeal was dismissed based on this request, with explicit preservation of the appellant’s right to seek relief elsewhere. The decision reaffirmed that the withdrawal of an appeal at the appellant’s instance, when prompted by developments in related higher court litigation, does not bar subseq