Hettiyadura Juliet Fernando vs Hettiyadura Raymond Silva – CA APPEAL NO. 1202/2000-2013

The case between Hettiyadura Juliet Fernando (Plaintiff–Appellant) and Hettiyadura Raymond Silva, Hettiyadura Christy Dilip Lal, Hettiyadura Mary Margret Fernando, Hettiyadura Siyadoris Fernando, Hettiyadura Magilin Fernando, and others (Defendants–Respondents) addressed the issue of whether an appeal may be withdrawn with a reservation of rights to institute a new action on the same subject matter. It was held that a party to an appeal is permitted to withdraw the appeal while reserving the right to file a fresh suit, and the withdrawal does not bar such further action. The decision reaffirmed that procedural dismissal of an appeal, especially at the request of the appellant and without adverse costs, does not operate as a substantive adjudication on the merits. This outcome aligns with e